"The Courts are obliged to interpret the laws to avoid “head on collusion” between the two statutory provisions of an enactment or two the enactments."
"In the instant case the provisions of the above two enactments have to be construed in such a way that the gaps in one ie., the Apartment Act may be filled up by taking aid of the other enactment ie., the Societies Act in so far as the matter of registration is concerned."
V. P. Viplav Sharma
State Of U. P. And 5 Other
Acts and Sections Involved: Section 14 of Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010; Section 25(2) of the Societies Registration Act, 1860.
Section 14 of the Apartment Act casts a joint responsibility upon the promoter and the apartment owners to form an Association of apartment owners and to get it registered for the administration of the affairs in relation to apartments, the property appurtenant thereto and for the management of common area and facilities. Sub-section 6 of Section 14 authorizes the Government to frame Model Bye-Laws and to notify the same in the gazette. Sub-section 6 of Section 14 authorizes the Government to frame Model Bye-Laws and to notify the same in the gazette. Sub-section 6 of Section 14 authorizes the Government to frame Model Bye-Laws and to notify the same in the gazette.
Section 25 (2) simply provides that where the Registrar is satisfied that any election of the office-bearer of the Society has not been held within time, he may call a meeting of the general body of the Society for electing such office-bearer which shall be presided over and conducted by the Registrar or by any officer authorized by him in that behalf.
The following two points arise for consideration:-
Whether the Association is amenable to the provisions of the Societies Act?
It is held that the Apartment Act is in addition to the Societies Act and since none of the provisions of the Societies Act are inconsistent with the Apartment Act, both of them stand together side by side supplementary to one another. It is further held that since the Association of apartment owners is virtually a Society, it has to be registered under the Societies Act before the registrar/Deputy Registrar, Sub-Registrar in the manner prescribed under the Societies Act and that all other provisions relating to registration of Society including that governing the resolution of disputes of the Society would by necessary implication apply to the Association of apartment owners even though technically it may not be a Society under the Societies Act.
2. Whether the Registrar/Deputy Registrar is competent to exercise jurisdiction under Section 25 (2) of the Societies Act as the Board is of a permanent nature, and can never be time barred even if elections are not held within time.
Held: In case office-bearers of any Society have not been elected within time specified, the Registrar is competent to call a meeting and get the office-bearers elected. … The Board is of a continuing nature provided the vacancies of retiring members are filled up in time annually and that the Registrar/Deputy Registrar is competent to exercise powers under Section 25 (2) if the office-bearers are not elected annually in the general meeting …. No illegality has been committed by the Deputy Registrar in directing for holding elections in accordance with Section 25 (2) of the Societies Act and that as the order is not one which may lead to miscarriage of justice rather it advances the cause of justice in the interest of the Association, the refusal on part of the writ Court interfere with the same is not unjustified.
The appeal is accordingly dismissed.
Judgement Date: 11-03-2019