JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The matter relates to the Siddha Town Rajarhat Residents’ Association which was formed in respect of a housing complex under the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as, “the 1972 Act”) and the West Bengal Apartment Ownership Bye-Laws, 1974 (for short, “the Bye-Laws”).

2. The said housing complex is comprised of several blocks, one of which is called Magnolia, which is the epicenter of the present dispute.

3. An election was duly declared by the Presiding Officer of the Election Commission (EC) duly formed for conducting the first election, at the behest of the Ad Hoc Committee which was in charge of affairs after the formation of the Association. The modalities of the election were stipulated in the Election Notice dated March 3, 2024.

4. The election took place on March 10, 2024 but was tainted by controversy. Several residents, including the respondent no. 7, had raised objection in respect of the nomination of the petitioner. After the votes were cast, a furore arose regarding the petitioner having written an e-mail to the EC. In the said email, the petitioner had requested the EC to visit the flat of one Veena