ANIL GUPTA  Vs AGARWAL WELFARE SOCIETY (REGD.) & ORS.

W.P.(C) 8209/2020 Page 1 of 8$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28thJanuary, 2021
+ W.P.(C) 8209/2020
ANIL GUPTA ….. Petitioner
Through: Mr. Anil Goel, Advocate.
(M:9999904433)
versus
AGARWAL WELFARE SOCIETY
(REGD.) & ORS. ….. Respondents
Through: Mr. Vibhor Garg and Mr. Sidhant
Bhatia, Advocates for R-1.
(M:9811352998)
Mr. Gaurav Barathi and Mr. Kartik
Bhagat, Advocates for R-3.
(M:9810526981)
Ms. Mrinalini Sen Gupta and Ms.
Kritika Gupta, Advocates for R-4.
(M:9873367274)
Mr. Anuj Jain, Advocate for Mr. K.K.
Bansal, with Mr. K.K Bansal in
person.(M: 9810681232)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J.(Oral)
1. This hearing has been done by video conferencing.
CM APPL.2945/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CM APPL.2944/2021 (for modification of order dated 14thJanuary,
2021) in W.P.(C) 8209/2020
3. The present writ petition was filed by the Petitioner seeking directions
for conduct of elections for the office bearers of Agarwal Welfare Society
(Regd.) at D-Block, Agarsain Bhawan, Ashok Vihar, Phase-1, Delhi –
2021:DHC:321W.P.(C) 8209/2020 Page 2 of 8110052 ( hereinafter, “Society” ). The said society is stated to be running a
school affiliated with CBSE, a hospital, as well as a Dharamshala. On the
last date, i.e., 14thJanuary 2021, Mr. K.K. Bansal – Secretary of the Society,
appeared in person, along with Mr. Anuj Jain, ld. counsel, and submitted a
proposed schedule of the elections to be conducted for the society. He
claimed to be the Member Secretary of the Advisory cum Control Board of
the Society, and the said schedule that was placed on record was under his
signature. According to the proposed schedule, the date of election was fixed
for 14thFebruary 2021. The said proposed schedule was also acceptable to
the Petitioner, and the same has been recorded in the last order. On the basis
of the mutual consent of parties, the petition was disposed of by this court,
prescribing the schedule for the elections.
4. The present application has been filed seeking modification of the
said order dated 14thJanuary, 2021, vide which this court had directed
conduct of elections of the Agarwal Welfare Society (Regd.)/ Respondent
No. 1 on 14thFebruary, 2021. It is evident from the order dated 14th
January, 2021, that the election schedule was fixed by this Court on the basis
of a representation made by one Mr. K.K. Bansal, who claimed to be the
Member Secretary, Advisory cum Control Board, of the Society. The
hearing was held in physical Court and Mr. Bansal had appeared in person.
A schedule was put forth by him and the same was accepted by ld. counsel
for the Petitioner – Mr. Anil Goel, and it was under these circumstances that
the schedule, as mentioned in the order dated 14thJanuary, 2021, was fixed.
5. The present application makes serious allegations against Mr. K.K.
Bansal, the person who claimed to be the Member Secretary of the
Respondent No. 1 Society. Mr. Vibhor Garg and Mr. Gaurav Barathi, ld.
2021:DHC:321W.P.(C) 8209/2020 Page 3 of 8counsels appearing for the Respondent Nos.1 & 3 respectively, submit that
Mr. K.K. Bansal was not authorised to represent the said Society or the
Board in any capacity. Reliance is placed upon the minutes of the meeting
of the society, dated 3rdNovember, 2020, by which Mr. K.K. Bansal was
specifically directed not to appear or represent the Respondent No.1 and
Respondent No.3 before this Court or any other forum.
6. Mr. Goel, ld. counsel for the Petitioner submits that he was not aware
of the said minutes of the meeting dated 3rdNovember, 2020.
7. Mr. K.K. Bansal, who has joined the proceedings through video
conferencing today, submits that he continues to be the Member Secretary of
the Respondent No. 1 society, and although the said minutes of the meeting
dated 3rd November, 2020 were signed by him for attendance purposes, he
does not agree to the resolution which was allegedly passed in the said
meeting and recorded as such in the Minutes.
8. This Court has perused the minutes of the meeting dated 3rd
November, 2020. A perusal of the same shows that one Mr. Shiv Charan
Lal Gupta, member of the Control Board of the Society, was authorised to
represent or appear on behalf of the Society before this Court in this petition.
Further, the minutes of the said meeting specifically deny Mr. K.K. Bansal
the authority to represent or appear before this court, on behalf of the said
Society. The extracts of the said minutes of meeting are set out below:
“Extracts of the Minutes of Meeting
Emergency meeting of the Control Board Agarwal
Welfare Society Ashok Vihar Delhi was convened
at the premises of the Society today on 3rd
November 2020 at 7:00 p.m. Information of the
meeting was given through WhatsApp to all the
members of the Control Board due to the emergent
2021:DHC:321W.P.(C) 8209/2020 Page 4 of 8situation as detailed in the letter convening the
meeting and also because Civil Writ Petition is
listed before Hon’ble High Court on 6 November
2020 (coming Friday).
Meeting was called at 7:00 pm which was presided
over by seven (below named Members). Inspite of
waiting/passing over for 15 minutes no other
member come and accordingly meeting was held
with quorum of 7 members.
1.Shri Brij Mohar Garg, Chairman
Control Board.
2.Shir Ramesh Gupta, Member
3.Shri Shiv Charan Lal Gupta, Member
4.Shri Shanker Lal Singhal Member
5.Shri Ram Kailash Member
6.Shri K.K. Bansal Member Secretary
Control Board.
7.Shri Pawan Gupta President Society, Ex-
Officio
It has been brought to the knowledge of the
Control Board today that Ex-Vice President Sh.
Anil Gupta has filed civil writ petition no.
8209/2020 case titled Sh. Anil Gupta V/s Agarwal
Welfare Society (Regd.) and others, where by
Agarwal Welfare Society through President Sh.
Pawan Gupta and through General Secretary Sh.
Kailash Chand Gupta are respondent no.1 and 2.
Further Control Board has been made a party as
respondent no.3 Sh. K.K. Bansal is being stated to
be representing the Control Board as Sh. Anil
Gupta has shown him to be representing the
Control Board.
Further, President Agarwal Welfare Society Sh.
Pawan Gupta informed the Control Board
functioniers that Sh. Anil Gupta sent a legal
Notice dated 01/10/2020 to Sh. K.K. Bansal but
no information Was forwarded by Sh. K.K. Bansal
regarding both above facts to the Control Board
2021:DHC:321W.P.(C) 8209/2020 Page 5 of 8and unilaterally represented Control Board
before Hon’ble High Court on 19a Oct. 2020.
Further, it is being informed that Sh. K.K. Bansal
without knowledge of the Control Board has
declared Elections of Agarwal Welfare Society for
the tenure 2020-2022 for 12a Dec.2020.
All the above facts are not in the knowledge of
any of the Members of the Control Board and
uncalled for politics/mudslinging is being
planned. Considering the emergent situation of
Hearing in High Court on 6 November 2020 and
to avoid any political rift/tussle between members,
the Control Board unanimously appoints Shri
Shiv Charan Lal Gupta Member Control Board to
represent the Control Board Agarwal Welfare
Society before Hon’ble High Court in WP
No.8209/2020 on 6 November 2020 and inform
the Hon’ble Court that it has just been brought to
knowledge of the Control Board and due to
Covid-2019 Control Board shall be conveying
next emergency meeting Sh. Shiv Charan Lal
Gupta is authorized to engage a lawyer for proper
representation.
Sh. K.K. Bansal is no more authorize to appear or
represent Control Board AWS before Hon’ble
High Court of Delhi or any other forum unless
specifically permitted to do so by the minutes
approved in the Meeting of the Control Board.”
9. The said meeting was attended by Mr. K.K. Bansal, as is clear from
the signature sheet which has specifically been signed by him. The manner
in which Mr. K.K. Bansal has completely denied and concealed knowledge
of the fact of the minutes of the meeting, dated 3rdNovember 2020, is
condemnable. On the last date, when Mr. K.K. Bansal had appeared before
this Court, there existed a duty cast upon him to inform this Court about all
the relevant facts in this petition, and to not mislead this Court in any
2021:DHC:321W.P.(C) 8209/2020 Page 6 of 8manner. The order dated 14thJanuary, 2021 was passed on the basis of the
schedule which was placed on record by Mr. K.K. Bansal, who claimed to
be the Member Secretary of the Agrawal Welfare Society, and also claimed
to be duly authorised by the Society to represent Respondent Nos.1 & 3.
10. The present application clearly reveals that Mr. Bansal did not enjoy
the confidence of the Respondent Society or Board and held no authority to
appear on their behalf. Accordingly, the order dated 14thJanuary, 2021
stands recalled. In addition, notice to show cause is issued to Mr. K.K.
Bansal, as to why contempt proceedings should not be initiated against him.
11. Insofar as the conduct of the elections is concerned, two members of
the Respondent No. 1 Society, Mr. Kailash Chand Gupta and Dr. H.C.
Gupta have joined the proceedings today. As per the averments made in the
application various steps would have to be taken before the conduct of the
said elections for the Respondent No. 1 Society. Such steps would include
drawing up of the electoral roll, conduct of the Annual General Meeting
(hereinafter, “AGM” ) as well as fixing a schedule for the said election.
12. Since Respondent No. 3 is represented before this Court by the above
nominated persons, the elections for Respondent No.1 Society would have
to now be conducted. Respondent No.3 – Advisory cum Control Board of
the Agarwal Welfare Society, is stated to have appointed three Election
Officers namely Dr. H.C. Gupta, Mr. Ratan Lal Gupta and Mr. Ram Lal
Singla. However, since the said members have been nominated by
Respondent Nos. 1 & 3 only recently i.e., on 17thJanuary, 2021, as also
owing to the disputes between various groups within the Society, this Court
deems it appropriate to appoint an independent Election Officer for the
conduct of the election for Respondent No.1 Society. Accordingly, in
2021:DHC:321W.P.(C) 8209/2020 Page 7 of 8supersession of the order dated 14thJanuary, 2021, the following directions
are issued:
(1)Justice (Retd.) S.P. Garg, former judge of this Court, is appointed
as the Election Officer for conduct of the election for the Agarwal
Welfare Society (Regd.), Ashok Vihar, New Delhi. The Election
Officer shall take charge of the election process immediately upon
being served with this order.
(2)The AGM of the Society, which is scheduled to be held shall be
conducted under the chairmanship/supervision of the Election
Officer.
(3)The schedule of the election shall be put up in the AGM on 7th
March, 2021. After the members of the AGM approving the
election schedule, the election shall be held on 4thApril, 2021, as
per the procedure laid down by the Election Officer.
(4)The Election Officer shall draw up a proper electoral roll and
prescribe the procedures and rules for conduct of the election of
the Society.
(5)The Election Officer may take assistance of any of the office
bearers of the Society, for the purpose of obtaining records of the
Society and other details. All office bearers of the Society and Mr.
K.K. Bansal shall extend their complete cooperation to the
Election Officer.
(6)The funds of the Society shall only be used for the purpose of
running the day-to-day activities of the Society, the hospital and
the school. No impermissible withdrawals shall be made by the
office bearers. The bank statements shall be submitted to the
2021:DHC:321W.P.(C) 8209/2020 Page 8 of 8Election officer every fortnight.
(7)The expenses for holding the AGM and the election etc. shall be
borne by the Society as per the directions issued by the Election
Officer.
(8)The Election Officer shall be paid a lumpsum of Rs.5 lakhs for
conduct of the AGM and the election, at this stage.
(9)None of the office bearers of the Society or Board shall interfere
with the smooth conduct of the AGM and the elections.
13. Let copy of this order be sent to Justice (Retd.) S.P. Garg
(M:9910384627) by the Registry. Any directions required for providing
security etc. for conduct of the AGM/Election shall be issued by the Election
Officer, to the local SHO. If the parties or the Election Officer need any
further directions, they are permitted to approach this Court.
14. In view of the notice to show cause issued above, as to why contempt
action be not taken, Mr. K.K Bansal, is permitted to file a reply. Mr. Anuj
Jain ld. counsel submits that he represents Mr. K.K. Bansal and accepts
notice on his behalf.
15. List on 9thApril 2021, for hearing in respect of the proceedings
initiated against Mr. Bansal on 9thApril, 2021.
PRATHIBA M. SINGH
JUDGE
JANUARY 28, 2021/ dk/Ak
2021:DHC:321