Manoj Misra, J. - (1.) The present petition has been filed assailing the order dated 09.01.2018 passed by the Deputy Registrar, Firms, Societies and Chits, Meerut Region, Meerut (second respondent) by which he has accepted the resolution dated 05.10.2017 of the Board of Management of SPS Residency, a Residents Welfare Association (in short the society/ RWA), registered under the Societies Registration Act, 1860 (in short Act, 1860), in respect of removal of the petitioner from the post of President of the society and has rejected the objection of the petitioner against it.
(2.) In nutshell, the society is an association of residents of SPS Residency Apartments situated at 18-B, Vaibhav Khand, Indirapuram, Ghaziabad. The society has its registered bye-laws. The management of the society, as per bye-law No.18, is governed by a Board. The board of management comprises of 10 persons to be elected by the members by simple majority in the general body. The principal office bearers of the society are: President; Vice President; Secretary; and Treasurer, all of whom are elected by and from the Board. Bye-law No.26 provides that the term of the office bearers of the Board shall be one year from the date of assuming office and they would be eligible for re-election. Provided that a person cannot hold the same post continuously for more than two years. Bye-law No.28 provides for removal of office bearers. According to it, at any regular or special meeting duly called, any one or more of the office bearers may be removed with or without cause, by a majority of apartment residents and a successor may then and there be elected to fill the vacancy thus created. It is also provided therein that any office bearer whose removal has been proposed by the residents shall be given an opportunity to be heard at the meeting.
(3.) The petitioner indisputably was elected by the Board as President thereof on 11.06.2017. It is the case of the petitioner that her term as President was one year and there is no provision in the Bye-laws other than Bye-law No.28 for removal of office bearers and therefore she could not have been removed till expiry of one year from the date of her election except in the manner provided by Bye-law No.28.;