11 CS 527/23

MILAN VIHAR COOOPERATIVE GROUP HOUSING SOCIETY

Vs. IPEX BHAWAN WELFARE SOCIETY
07.10.2023

Present : Sh. Sumit Kumar, Ld. Counsel for plaintiff with Sh.
Virender Kumar, Secretary.
Sh. Anand Shukla, Ld. Counsel for defendants, files
vakalatnama, also reply and documents along with list. Copies given.

Sh. Shukla sttaes that the defendants were served only at

2.00pm on yesterday and therefore they need time to submit Written
statement with copy to Sh. Sumit Kumar in advance and against
receipt.
Heard arguments on the interim application. Ld. Counsel
for the defendants has drawn my attention to the page No.20 and 22 of
the documents filed by him and his submission is that even during the
last election held for the years 2021­2023, even the same person i.e.
Sh. Pramod Aggarwal, ex­officio President was the Election Officer
and further, the nomination submitted by the present plaintiff was
rejected due to short attendance in last session i.e. 2021­2023 and
once the plaintiff had accepted Sh. Pramod Aggarwal as Election
Officer without any demur by submitting nomination, now, therefore,
he cannot object his appointment and the President of the Society is
appointed as an ex­officio official by virtue of being some other
Society i.e. Ipex Mahasangh Limited. On the other hand Sh. Kumar
has drawn my attention to the bye­laws No. 34 and 35 of the Society
and his submission is that the Election Officer has to be a neutral and
impartial person and has not to be influenced by the members of the
Governing Body of the Society. It is also submitted that the short
attendance of the plaintiff/Secretary Sh. Miten Garg was generated
through manipulation by the IPEX Society and its office bearers.
Keeping in view that the position of the President is an ex­officio
situation, I do not find any prima facie case to stay the Election
scheduled to be held on 08.10.2023, however, the plaintiff / Secretary
shall be entitled to show that his nomination was rejected wrongfully
during the course of the trial and the entire result of the election shall
be subject to the final decision made in the case.
Be put up for filing of written statement on 25.10.2023
with copy to Sh. Kumar in advance and against receipt and for filing
of replication, if any with advance copy to other side, also for admis­
sion/denial of documents, framing of issues. Parties/representatives to
be present in person.
(Sanatan Prasad)
Additional District Judge­02 (East)
Karkardooma Courts/Delhi/07.10.2023