The central legal point established in the judgment is the importance of proper authority and representation in conducting society elections, and the court's power to appoint an independent Election Officer when necessary.

JUDGMENT

Prathiba M. Singh, J. -

This hearing has been done by video conferencing.

CM APPL.2945/2021 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of.

CM APPL.2944/2021 (for modification of order dated 14th January, 2021) in W.P.(C) 8209/2020

3. The present writ petition was filed by the Petitioner seeking directions for conduct of elections for the office bearers of Agarwal Welfare Society (Regd.) at D-Block, Agarsain Bhawan, Ashok Vihar, Phase-1, Delhi 110052 (hereinafter, Society ). The said society is stated to be running a school affiliated with CBSE, a hospital, as well as a Dharamshala. On the last date, i.e., 14th January 2021, Mr. K.K. Bansal Secretary of the Society, appeared in person, along with Mr. Anuj Jain, ld. counsel, and submitted a proposed schedule of the elections to be conducted for the society. He claimed to be the Member Secretary of the Advisory cum Control Board of the Society, and the said schedule that was placed on record was under his signature. According to the proposed schedule, the date of election was fixed for 14th February 2021. The said proposed schedule was also acceptable to the Petitioner, and the same has been recorded in the last order. On the basis of the mutual consent of parties, the petition was disposed of by this court, prescribing the schedule for the elections.

4. The present application has been filed seeking modification of the said order dated 14th January, 2021, vide which this court had directed conduct of elections of the Agarwal Welfare Society (Regd.)/ Respondent No. 1 on 14th February, 2021. It is evident from the order dated 14th January, 2021, that the election schedule was fixed by this Court on the basis of a representation made by one Mr. K.K. Bansal, who claimed to be the Member Secretary, Advisory cum Control Board, of the Society. The hearing was held in physical Court and Mr. Bansal had appeared in person. A schedule was put forth by him and the same was accepted by ld. counsel for the Petitioner - Mr. Anil Goel, and it was under these circumstances that the schedule, as mentioned in the order dated 14th January, 2021, was fixed.

5. The present application makes serious allegations against Mr. K.K. Bansal, the person who claimed to be the Member Secretary of the Respondent No. 1 Society. Mr. Vibhor Garg and Mr. Gaurav Barathi, ld. counsels appearing for the Respondent Nos.1 & 3 respectively, submit that Mr. K.K. Bansal was not authorised to represent the said Society or the Board in any capacity. Reliance is placed upon the minutes of the meeting of the society, dated 3rd November, 2020, by which Mr. K.K. Bansal was specifically directed not to appear or represent the Respondent No.1 and Respondent No.3 before this Court or any other forum.

6. Mr. Goel, ld. counsel for the Petitioner submits that he was not aware of the said minutes of the meeting dated 3rd November, 2020.

7. Mr. K.K. Bansal, who has joined the proceedings through video conferencing today, submits that he continues to be the Member Secretary of the Respondent No. 1 society, and although the said minutes of the meeting dated 3rd November, 2020 were signed by him for attendance purposes, he does not agree to the resolution which was allegedly passed in the said meeting and recorded as such in the Minutes.

8. This Court has perused the minutes of the meeting dated 3rd November, 2020. A perusal of the same shows that one Mr. Shiv Charan Lal Gupta, member of the Control Board of the Society, was authorised to represent or appear on behalf of the Society before this Court in this petition. Further, the minutes of the said meeting specifically deny Mr. K.K. Bansal the authority to represent or appear before this court, on behalf of the said Society. The extracts of the said minutes of meeting are set out below:

"Extracts of the Minutes of Meeting Emergency meeting of the Control Board Agarwal Welfare Society Ashok Vihar Delhi was convened at the premises of the Society t