Ashish Kumar Halder & ORS v. Registrar Of Societies District New Delhi, Gnctd & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8921/2017 ASHISH KUMAR HALDER & ORS ..... Petitioners Through Mr.Mohit Chaudhary, Adv.

versus REGISTRAR OF SOCIETIES DISTRICT NEW DELHI, GNCTD & ORS ..... Respondents Through Mr.Siddharth Dutta, Adv.

Mr.Niloy Dasgupta, Adv for R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 30.10.2017 C.M. No.36498/2017 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

C.M. No.38143/2017 (under Order 1 Rule 10 CPC) Application is dismissed as withdrawn with liberty granted to the applicant to approach appropriate forum through appropriate application.

W.P.(C) 8921/2017, C.M. No.36497/2017 & C.M. No.38144/2017 By way of this petition petitioners are seeking a direction qua respondent no.1 to hold election of the respondent no.2 School. On advance notice learned counsel for respondent nos.1 and 5

as also respondent no.3 are present. Learned counsel for respondent no.3 points out that the prayers made in the present petition have been answered in view of the publication effected in the Statesmen dated 29.10.2017. It has published a notice informing the public at large that the Annual General Body Meeting and declaration of election result of the respondent no.2 for the new governing body for the term 2018-20 shall be held on 21.01.2018 at 2.30 p.m. in the premises of Raisina Bengali Senior Secondary School, Mandir Marg, New Delhi. The election process will commence on 15.12.2017. A copy of this publication has been handed over to the learned counsel for the petitioner. This document is not in dispute. The prayers made by the petitioner are accordingly largely answered.

Learned counsel for petitioner seeks to press prayer (b) as well at this stage. In view of the submissions made by respective parties that an independent WP(C) No.5431/2017 titled as Raisina Bengali School Vs. Govt. of NCT of Delhi and Ors. is pending before the Bench of Hon'ble Mr.Justice Sunil Gaur, prayer (b) is not pressed at this stage. This prayer shall be pressed before the concerned Court. The election schedule has been noted. Learned counsel for petitioner submits that to have a fair, transparent and independent election it would be appropriate if a Court Observer is appointed qua the election process. Accordingly, this Court appoints Mr.Rajeev Bansal, Sr.Advocate (Mobile No.9810114141) as a Court Observer to get the election conducted on 21.01.2018.

The learned Court Observer will if deem necessary appoint his own Returning Officer for the conduct of the election.

at Rs.2.50 lacs and the election shall be conducted on that date and after the result is informed the petitioner will be at liberty to get the money reimbursed from the account of the school which will then handled by the new governing body.

Petition disposed of in the above terms.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J OCTOBER 30, 2017 ndn