Delhi High Court
Arun Vishwash Sardar vs Union Of India & Ors. on 2 September, 2013
Author: V. K. Jain
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 02.09.2013
+ W.P.(C) 5457/2013 & CM 12198/2013
ARUN VISHWASH SARDAR ..... Petitioner
Through: Mr. C. B. Singh, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Joginder Sukhija, CGSC with Mr.
Satyajit Sarma, Adv. for R-1 and 2.
CORAM:
HON'BLE MR. JUSTICE V.K.JAIN
JUDGMENT
V.K.JAIN, J. (ORAL)
As per the Model Constitution issued by the Ministry of Personnel, Public
Grievances and Pensions (Department of Personnel & Training) in respect of
Residents Welfare Associations recognized by the Government of India, the affairs
of the associations have to be managed by a Managing Committee comprising of as
many as 10 persons who are to be elected simultaneously. The office bearers and
members of the Managing Committee hold office for two years but they continue
until fresh elections are held and results declared by the 30 th April of that year,
whichever is earlier. Clause (IV) (c) and IX(b) of the said Constitution read as
under:
"(IV)(c): The office-bearers and members of the
Managing Committee shall hold office for two years.
However, they shall continue until fresh elections are
held and results declared by the 30th of April, of that year
whichever is earlier."
(IX)(b): All Office Bearers and Members of the
Managing/ Executive Committee shall be elected in the
General Elections to be held by secret ballots. The date of
elections, which should be on or before 30 th April, shall
be decided by the Managing Committee. The terms of the
elected Office Bearers and Members shall be TWO
YEARS (BLOCK OF TWO FINANCIAL YEARS). The
Managing Committee shall cease to exist on the 1 st May
of the year when the elections are due or till the new
Committee is declared elected whichever is earlier."
2. Vide communication dated 19th March, 2013, the Ministry of Personnel,
Public Grievance and Pensions requested the Presidents of all the resident welfare
associations to hold elections for the block year 2013-2014 and 2014-2015 on a
Saturday/ Sunday of the month of April, 2013. It was further stated in the said letter
that in case any association fails to hold elections by 30.4.2013, the existing
Managing Committee shall cease to exist on 1.5.2013 or when the new managing
committee is declared elected, whichever be earlier. It was also stipulated in the
said letter that no extension of time for holding elections after 30.4.2013 would be
allowed.
3. It appears that despite the aforesaid directive issued by Government of India,
the Managing Committee of the Resident Welfare Association of Panchkuian
Road, New Delhi-110001 did not take steps to hold elections in the month of April,
2013, on or before the last date stipulated in the said directive. Vide
communication dated 25.6.2013, the Area Welfare Officer requested the Chief
Welfare Officer, Dept. Of P&T, to constitute an ad hoc committee for the residents
of Panchkuian Road, Type-I Quarters. It was pointed out in the said
communication that the resident welfare association of Panchkuian Road, Type-I
was also only till 30.4.2013 and stood dissolved with effect from 1.5.2013.
Pursuant to the said communication, the Government of India, Ministry of P&T
conveyed the approval of the Competent Authority to composition of an ad hoc
managing committee for the said locality. The ad hoc committee was entrusted
with the responsibility to conduct free, fair and transparent elections as per model
constitution, and was also directed to discharge function of the managing
committee till fresh elections are held. The ad hoc committee was asked to up-date
the list of members so that elections could be held as per schedule, within one
month from the receipt of the said communication.
4. Being aggrieved from the order of the government, appointing ad hoc
committee, the petitioner is before this Court seeking the following reliefs:
(i) to issue a direction in the nature of certiorari voiding
and/or cancel the order dated 1.7.2013 and subsequent
proceedings thereto whereby the respondent has
appointed an ad hoc committee after dissolving and
withholding power and functions of duly elected
managing committee;
(ii) and/or issue any other appropriate writ order or directions
which this Hon'ble Court deem fit and proper in the
above facts and circumstances and interest of justice."
5. It is quite evident from a perusal of the extracted portion of the model
constitution that the tenure of resident welfare association is for two financial years.
Therefore, the election for which the petitioner was elected as the Secretary of the
resident welfare association was for financial year 2011-2012 and 2012-2013. The
managing committee ought to have held elections immediately after 31.3.2013 in
terms of the communication dated 19.3.2013 issued by the Government of India.
That, however, was not done. In view of clause IV (c) and IX (c), the term of the
managing committee expired on 30.4.2013. With effect from 1.5.2013, the
petitioner is no more an office bearer of the said resident welfare association.
Consequently, he has no locus standi to challenge the communication issued by the
Government of India constituting an ad hoc committee for the purpose of holding
elections of the managing committee of the resident welfare association.
6. Even otherwise, since the existing managing committee stood automatically
dissolved on 30.4.2013, there has to be a body to oversee the process of elections
for the financial years 2013-2014 and 2014-2015 and to manage the affairs of the
association in the meanwhile. Therefore, no fault can be found with the order
appointing an ad hoc committee for holding elections and managing the affairs of
the association till the time a duly elected body takes over.
7. The writ petition is being devoid of any merit and is hereby dismissed.
However, the ad hoc committee is directed to hold elections and complete the
process on or before 30.9.2013. The elections will be held on the basis of list of
members as on 31.3.2013, as is stated in the communication dated 19.3.2013.
There shall be no order as to cost.
V.K. JAIN, J
SEPTEMBER 02, 2013/rd
