- (1.) Heard Shri M.H. Khan, learned counsel for the petitioner, Shri Mata Prasad, learned Addl. Chief Standing Counsel for the respondents no. 1, 4 and 5, Shri Shivam Yadav, learned counsel appearing for the respondents no. 2 and 3 and Ms. Rajni Ojha, learned counsel appearing for the respondents no. 7 and 8.
(2.) It appears that there is some dispute with regard to the election of the Society, which is the Resident Welfare Society duly registered under the Societies Registration Act, 1860. A reference no. 9 of 2015 is already pending before the Prescribed Authority, S.D.M. Dadri, Gautambudh Nagar.
(3.) Ms. Rajni Ojha, learned counsel for the respondent has raised a preliminary objection that the reference is not maintainable before the Prescribed Authority since after coming into force of the U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act, 2010 (Act, 2010) and the Rules, 2011 framed thereunder, the jurisdiction vests in the competent authority of the said Development Authority.;