JUDGMENT :

AJAY BHANOT, J.

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

(I) Introduction

2. By the impugned order dated 29.10.2022 the respondent No. 2-Deputy Registrar, Firms, Societies and Chits, Meerut referred the election dispute of the petitioner-society to the Prescribed Authority/Sub-Divisional Magistrate/respondent No. 3 under Section 25(1) of the Societies Registration Act, 1860.

3. By the impugned order dated 08.02.2023 the respondent No. 3-Sub-Divisional Magistrate, Ghaziabad/prescribed authority in exercise of powers under Section 25(1) of the Societies Registration Act, while deciding the reference made by the Deputy Registrar, Firms, Societies and Chits, Meerut has invalidated the elections to the Board of Management of the petitioner-society held on 26.06.2022. The said impugned order further directed the Deputy Registrar, Firms, Societies and Chits, Meerut to hold the elections to all 10 posts of Board of Management of the Windsor Park Residents Welfare Association.

4. The impugned order dated 14.03.2023 passed by the respondent No. 2-Deputy Registrar, Firms, Societies and Chits, Meerut directs the holding of elections to all 10 posts of Board of Directors of the Windsor Park Residents Welfare Association under Section 25(2) of the Societies Registration Act and the said order has been passed in compliance of the order dated 08.02.2023 entered by the Sub-Divisional Magistrate/prescribed authority.

5. The impugned order dated 08.02.2023 finds that the annual elections of 26.06.2022 were held only to three posts instead of all 10 posts of the Board of Management.

(II) Submissions

6. Shri Abhijeet Mukherji, learned counsel for the petitioner has made the following submissions assailing the impugned orders:

(i) Reference to the Prescribed Authority was unlawful.

(ii) As per the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, read with Model Bye-laws, the elections to only 1/3rd (3 out of 10) of the posts of the Board of Management have to be held on an yearly basis.

(iii) 2/3rd of the members of the Board of Management are not liable to face annual elections.

(iv) No office bearer has held a post continuously for more than two years.

(v) Respondent No. 5 has no locus standi in the matter.

7. Shri Vinit Garg-respondent No. 5 in person has made the following submissions in support of the impugned orders and against the actions of the petitioner:

(i) Respondent No. 5 is an owner of a flat in the Windsor Apartment and is a member of the society.

(ii) The reference was within the ambit of Section 25(1) of the Societies Registration Act, 1860.

(iii) The Uttar Pradesh Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010, read with Model Bye-Laws mandates that the elections to all 10 posts of Board of Management have to be held on annual basis.

(iv) Elections dated 26.02.2022 are not consistent with the said Act and Model Bye-Laws.

(v) A number of persons have continued in the Board of Management but have evaded elections for past two years.

8. Learned Standing Counsel for the State-respondents has defended the impugned orders by adopting the arguments of the respondent No. 5.

(III) Locus Standi

9. The respondent No. 5 is a flat owner in Windsor Manor Park Apartment. He is a member of the Windsor Manor Park Residents Welfare Association. He had the loc