Residents and RWA members of Jaipuria Sunrise Greens, a residential society in Indirapuram, challenged the deputy registrar's order to stop the functioning of the RWA by filing a petition at the Allahabad High Court. In June, the deputy registrar had declared the RWA of the society null and void after a few residents complained that the current RWA of the society was illegal.
The court has now put a stay on the deputy registrar's order.
The residents had said that the election of the RWA, which was due on November 30, 2015, was conducted in April 2016. However, RWA members said that the election date had been postponed with the consent of the residents and the board members at a general body meeting on November 1, 2015. The date was extended so the RWA body could complete the ongoing painting work in the society and comply with the UP Apartment Act's provision of conducting elections in the first quarter of the year.
Members of the Jaipuria Sunrise Greens RWA filed a petition with the Allahabad High Court challenging the decision of the deputy registrar.
Residents of other societies in Indirapuram, on their part, brought up the case of Gaur Valerio, in which elections were not held for more than two years but the deputy registrar did not intervene, despite complaints. On the other hand, the deputy registrar passed an order on July 21 barring the full functioning of the RWA at Shipra Sun City on the grounds that it had not initiated an election process by then. The RWA, however, claims that the election committee had already been formed on July 20 at a general body meeting but could not be completed due to the absence of a quorum. Hence, according to the by-laws of the UP Apartment Act, the meeting had been deferred to July 22. This points to the discrepancies in the deputy registrar’s behaviour.