IMPORTANT POINT
Flat owners have a statutory right to membership in the society under the Apartment Act, and the Deputy Registrar has the authority to enforce this right.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Ankit Srivastava, the learned counsel for the petitioners, Sri Laxmi Mohan Khare, the learned Standing Counsel for the State, Sri Vijai Krishna, the learned counsel for the opposite parties no. 2 and 3 and perused the records.

2. By means of the instant petition filed under Article 226 of the Constitution of India, the petitioner no. 1-Garden View Owners Welfare Association and petitioner no. 2 – Sri. Sudhir S. Halwasiya, Secretary, Garden View Owners Welfare Association, have sought quashing of an order dated 06.02.2015, passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow, whereby the petitioner no. 2 has been directed to make all the flat owners of Garden View Apartments, 8 Rana Pratap Marg, Lucknow members of the petitioner no. 1 association, which is a society registered under the Societies Registration Act, 1860. The flat owners, who have not paid the membership fee or annual subscription were directed to deposit the same in the society’s account within one month. The petitioner no. 2 has been directed to deposit the one time maintenance amount charged at the time of execution of sale deeds of apartment in the bank account of the society.

3. Briefly stated, the facts of the case are that the petitioner no. 2 along with M/s Halwasiya Properties Private Limited had developed a multi storied residential building called ‘Garden View Apartments’ 8, Rana Pratap Marg, Lucknow. A Welfare Association/ Society called ‘Garden View Owners Welfare Association’ was created by the builder for maintenance of the building and the society was registered in the year 1999-2000. Its registration was renewed from time to time and it expired in October, 2009. An application for renewal of registration of the society was filed on 30.06.2014. On 09.07.2014, the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow sent a letter informing the petitioners that the registration of the society was being renewed subject to submission of certain requisite papers mentioned in the letter.

4. It has been stated in Para 11 of the writ petition that while the matter of renewal of the society was yet to be finalized and the renewal certificate was yet to be issued, the opposite parties no. 2 and 3, who are merely occupants of two flats in Garden View Apartments and who are not members of Garden View Owners Welfare Association, submitted a complaint before the Deputy Registrar. However, the copy of the complaint enclosed with the letter dated 08.09.2014 sent by the Deputy Registrar to the petitioner no. 2 shows that this complaint was submitted by as many as 8 complainants, including the opposite parties no. 2 and 3. The other 6 complainants have not been arrayed as opposite parties to the writ petition. The complaints inter alia stated that the petitioner no. 2 does not reside in Flat No. 801, Garden View Apartment. Flat No. 801 has been constructed by the builder illegally and it is not a part of the building plan sanctioned by the Lucknow Development Authority. The place where Flat No. 801 has been constructed has been shown in the sanctioned building plan as parking area. The flat owners’ association is not complying with its statutory obligations and is neglecting maintenance of the building. No meeting of the society is held and no notice thereof is sent to the flat owners. No accounts are placed before the members of the society and no approval for expenditure is taken from the members.

5. A copy of the aforesaid complaint was sent to the petitioner no. 2 along with the letter dated 08.09.2014 sent by the Deputy Registrar, Firms, Societies and Chits, Lucknow Division, Lucknow for giving an opportunity to submit a reply/explanation against the complaint. The petitioner no. 2 was further directed to produce the membership receipt and other relevant evidence and to submit point wise explanation on the complaint submitted by the 8 complainants.

6. In reply to the afo