High Court of DelhiW.P.(C)/7445/2017

Shri K.M. Bhatngar & ANR. v. Union Of India & ORS.

2017-09-21Cases Pertaining To Special Benches2 pages

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7445/2017 SHRI K.M. BHATNGAR & ANR.

..... Petitioners Through Mr.Kanwal Chaudhary, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through Mr.Ajay Digpaul, CGSC for UOI.

Ms.Ekta K.Sikri and Mr.Junaid Nahvi for R-4/Mr.Harish Abrol with R-4 in person.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 13.11.2017 Applicant before this Court is Harish Abrol who is stated to be the secretary of respondent no.4 Society. Submission is that he is the authorized representative of the Society and the consent given by R.K.Jaiswal pursuant to which the order dated 21.9.2017 was passed is incorrect. The representation of the Society has to be through the secretary who is the applicant before this court. Submission of the learned counsel for the applicant is that they are not averse to the idea of holding election of respondent no.4 as the last election was held in 2006. Submission is that the list of the voters is under dispute and it is yet to be decided; in fact 4 suits had been filed inter se the parties which had been consolidated vide order of this Court and a retired ADJ had been appointed to look into the list

of members.

On advance notice learned counsel for petitioner/non-applicant has put in appearance. Copy of the application be furnished to him. His submission is that as per the last election which was held in 2006 the last Observer has gone into the list of the voting members and the same exercise can be conducted by the current Observer as well. He however seeks time to file a reply. Needful be done in two weeks with advance copy to the applicant who may file rejoinder, if any, before next date.

For consideration and directions list on 29.11.2017. Copy of this order be sent to learned Observer who is proposing to have a meeting of respondent no.4 tomorrow. Learned Observer may not give effect to the minutes of the meeting which he proposes for tomorrow; the election process may not be initiated. List on 29.11.2017.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J NOVEMBER 13, 2017 ndn