Does A Writ Petition Lie Over An Election Dispute With Respect To RWA? Delhi High Court To Decide

The Delhi High Court is set to decide whether a writ petition seeking adjudication of a dispute with respect to election and constitution of Executive body of a Resident Welfare Association is maintainable.

The issue was raised before a single bench of Justice Yashwant Varma in a petition challenging the legal validity of notice issued by GH-13 Resident Welfare Association calling General Body Meeting for agenda's, that is appointment of Returning officer/ Astt Returning officer and fixing of date of elections.

 Notice was issued in the matter on August 13 last year and the decisions taken by the RWA in the general board meeting were stayed.

When the matter was taken up on Monday, Justice Varma inquired from the Petitioner whether a writ petition would lie against the RWA. "Is RWA is a public body? This is an election dispute with respect to RWA. How would a writ petition lie?" the Judge asked.

[Organisations discharging public function are amenable to writ jurisdiction.]

Whereas Advocate Abhinav Beri, counsel for petitioner, responded in the affirmative, he sought time to respond on this aspect. Accordingly, the matter was adjourned to September 1.

Briefly, the facts of the case are that petitioner, a flat owner of one of the flats in the Respondent's society, along with other flat owners, instituted multiple complaints before the Registrar of Societies and the Station House Officer of his locality against the Respondent. These complaints were filed as the flat owners allegedly got to know that as per the Registrar of Societies, the said Respondent was not a duly registered society under the Society Registration Act, 1860 and had instead been using a registration number allotted to a certain "Pocket GH-13 Pachimpuri DDA (SFS) Flats Welfare Association".

It was alleged that not only were the office bearers of the Respondent society using deceptive names for collecting subscriptions or membership fees but they were also seeking funds from government and contracting third party sources to launder and embezzle funds under the pretence of society welfare. Additionally, the flat owners alleged that the respondents had presented false documents for opening bank accounts in the name of "GH-13 Residents Welfare Association" as well. 

As per the petition, the Registrar of Societies examined the records of the Respondent and issued orders restraining its officer bearers and directing the association to not continue any work for society welfare under the title of "GH-13 Residents Welfare Association". Following this, the respondent submitted to the Registrar that the association had changed the name of the society from "Pocket GH-13 Residents Paschimpuri DDA (SFS) Flats Welfare Association" to "GH-13 Resident Welfare Association". After deliberating upon this submission, the Registrar of Societies passed directions staying its own restraining order and accepted the position that the Respondent had been conducting welfare work since 1997.

Following this, a General Body Meeting was called for the Respondent-Association and a resolution was passed to constitute a constitution committee and frame rules of the society. Eventually, the society "GH-13 Resident Welfare Association" was registered and rule and regulations were duly filed. 

The respondent Resident Welfare Association then called for a General Body Meeting, which was challenged in these proceedings. The primary contention raised is that the tenure of the office bearers of the organisation was over and them calling for any general body or executive or special general body meeting was ultra vires to rules and regulations for constitution and management of the society under Society Registration Act, 1860.

It is also argued that an RWA cheating and dishonestly using identical registrations, amounts not only to criminal wrong but also a constitutional wrong as usage and operation of an unregistered society amounted to violation of Article 19(1)(c) of the Indian Constitution.

CASE TITLE: MR. SM MEHTA v. GH-13 RESIDENTIAL WELFARE ASSOCIATION & ORS.