Windsor Park Residents Welfare Association vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1178

AJAY BHANOT
Windsor Park Residents Welfare Association – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Abhijeet Mukherji, Sushmita Mukherjee.
For the Respondent: Dinesh Kumar Mishra.

JUDGMENT :

AJAY BHANOT, J.

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

(I)	Introduction
(II)	Submissions of learned counsels
(III)	Locus Standi
(IV)	Facts
(V)	Issues arising for consideration
(VI)	Legality of Reference to the Prescribed Authority
(VII)	Elections under the Apartment Act and Model Bye-Laws: Analysis
(VIII)	The judgment entered by this Court in Special Appeal No. 1224 of 2018 and the Hon’ble Supreme Court in Civil Appeal No. 1442 of 2020
(IX)	Conclusions and Directions

(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 th

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2023 Supreme(All) 1178

AJAY BHANOTWindsor Park Residents Welfare Association – AppellantVersusState of U. P. – Respondent

Cases Referred (3)

AJAY BHANOT
Windsor Park Residents Welfare Association – Appellant
Versus
State of U. P. – Respondent