The Deputy Registrar records in the order impugned that the Association had adopted Model bye-laws on 27.9.2013. The last elections of the Association were held on 18.9.2016. As per the Model bye-laws, the term of Board of Association had expired on 17.9.2017 but no fresh elections had been held. The term of the Board of Association having been expired much earlier, it had become time-barred. Resultantly, it cannot continue to manage the affairs of the Association and further repeated complaints were being received regarding the working of the Board which had become timebarred and the affairs of the Association being managed by few persons. In the said circumstances, the so-called existing Board cannot hold elections for constitution of the new Board. In view of the said fact, invoking powers under section 25 (2) of the Act, 1860, the Deputy Registrar, Firms, Societies and Chits held that the fresh elections will be conducted under his supervision. A request has, therefore, been made to the District Magistrate, Ghaziabad to nominate an officer for being appointed as Election Officer. The Deputy Collector, who has been nominated under the order dated 22.3.2018 of the District Magistrate, Ghaziabad, had issued letter dated 28.3.2018 to the General Secretary of the time-barred committee to provide papers for finalization of the voter list so as to conduct the elections. The Deputy Registrar further issued a communication dated 28.7.2018 to the Election Officer to complete the process of election at the earliest. Pursuant thereto, communication dated 28.7.2018 was sent by the Election Officer to the General Secretary of the time-barred Association. This has resulted in filing of the present petition to challenge all the aforesaid orders/communications on the ground of lack of jurisdiction of the aforesaid Authorities.
