Smt Parul Bharat Shah D/O Naveen Chandra Uttarnchand Domadia v. The District Collector/ District Election Authority

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.27593 of 2017 ORDER:

Heard the learned Counsel for the petitioners and the learned Government Pleader for the respondents. The first petitioner states that she is the daughter of the founder member of the Society and her father died on 02.10.2016. Similarly, the second petitioner states that he is the grandson of one shareholder, who expired on 10.12.2002. The third petitioner also claims to have succeeded to the property of the original allottee of the Housing Society. But, it is an admitted case of the petitioners that all the petitioners are not members of the Society and they wanted to become members of the Society. While so, it is their case that a PersonIn-Charge was appointed on 02.08.2016 to manage the affairs of the Society for a period of six months from 27.07.2016 to 26.01.2017 or till elections are held.

The said period was extended by proceedings dated 18.01.2017. Now, when the elections are going to be held and the Election Officer issued proceedings on 24.07.2017 asking the Person-In-Charge of the Housing Society to submit records and the final list of members for taking further action, the present Writ Petition is filed. Admittedly, as stated above, the petitioners are not the members of the Society and they cannot stall the election process.

membership, they can pursue their remedy in the appropriate forum. There is no evidence of pursuing their remedy for the last ten months at least.

In the circumstances, this Court sees no bona fides in the present Writ Petition, and the Writ Petition is, accordingly, dismissed at the admission stage. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 18.08.2017 vs