Sonu and 5 Others vs State of U.P. and 6 Others

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 18568 of 2026

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Sonu And 5 Others

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.....Petitioner(s)

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	Versus
State Of U.P. And 6 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Nikhil Kumar Yadav, Vagish Yadav
Counsel for Respondent(s)	: Anjali Upadhya, C.S.C.

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Court No. - 38

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HON'BLE SIDDHARTH NANDAN, J.

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Heard Shri Nikhil Kumar Yadav, learned counsel for the petitioner, Ms. Ishita Shand, Advocate, holding brief of Ms. Anjali Upadhyay, learned counsel for the respondent no.3, Shri Rohan Gupta, learned counsel for the respondent no.7 and learned Standing Counsel for the State-respondents.

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A preliminary objection has been raised by the respondents that the petitioners have an alternative remedy to approach before the Deputy Registrar, Firms, Societies and Chits, Gautam Budh Nagar, and therefore, the present writ petition under Article 226 of the Constitution of India is not maintainable for the reliefs claimed therein.

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For ready reference, the relief claimed by the petitioner is reproduced below:

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"i) Issue a writ, order or direction in the nature of certiorari to call for the records of the case and quash the impugned Election result of Apartment Owners Association of 16th Parkview, Gaur Yamuna City, Noida, Gautam Buddha Nagar published on 27.04.2026 by the respondent no.5.

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to conduct the election of the Board of Management, Apartment Owners' Association, 16th Parkview, Gaur Yamuna City, Noida, Gautam Buddha Nagar by appointing an Election Officer from the Panel of the Officers maintained by the office of the District Magistrate, Gautam Buddha Nagar after preparing valid voter list and in accordance with the provisions contained in Bye-laws 18 & 26 of the

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WRIC No. 18568 of 2026

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2

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Model Bye-laws.

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(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to ensure that the Deed of Declaration is procured from the respondent no.7 and the same is provided to the newly appointed Election Officer for preparing Voter List and the Deed of Declaration may also be made available to all the residents as per law.

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(iv) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.4 to decide the objection filed by the petitioners on 03.05.2026 against the illegal election of the respondent no.6 in accordance with law."

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In rejoinder to the aforesaid objection, learned counsel for the petitioners has submitted that he has already approached the Deputy Registrar, Firms, Societies and Chits, Gautam Budh Nagar, by way of filing an objection dated 03.05.2026, however, no heed has been paid to the same.

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In view of the aforesaid, the present writ petition is disposed off with a direction upon the Respondent no.4- Deputy Registrar, Firms, Societies and Chits, Gautam Budh Nagar, to consider the objection of the petitioner dated 03.05.2026 against the elections published on 27.04.2026, expeditiously, preferably within a period of three months, form the date of service of a certified copy of this order.

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It is made clear that the Court has not adjudicated the case on merits and it is expected from the Respondent No.4 that he shall decide the objection of the petitioners, strictly in accordance with law, adhering to the principles of natural justice.

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With the aforesaid observations and direction, the writ petition is disposed off .

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(Siddharth Nandan,J.)

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May 12, 2026

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Sumit K.

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Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad

Sonu and 5 Others v. State of U.P. and 6 Others

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Sonu and 5 Others v. State of U.P. and 6 Others

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