ARUN VISHWASH SARDAR Vs. UNION OF INDIA

JUDGEMENT

(1.) 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:

(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.) BEING aggrieved from the order of the government, appointing ad hoc committee, the petitioner is before this Court seeking the following reliefs: