Noida, Gr Noida societies must display HC order on AOA governance

The Ghaziabad deputy registrar has asked societies to submit compliance reports and photographs of displayed orders within seven working days.

Group housing societies and apartment owners’ associations (AOAs) in Gautam Budh Nagar have been directed to display an Allahabad high court order examining key questions over the governance of residential societies, including elections, the tenure of office-bearers and whether residents can be denied voting rights over unpaid dues.

Noida, Gr Noida societies must display HC order on AOA governance

The deputy registrar of firms, societies and chits, Ghaziabad, has also asked societies to inform apartment owners and management boards about the proceedings and submit compliance reports, along with photographs of the order displayed on their notice boards, within seven working days.

The directions follow the high court’s August 12 order in *Eldeco Aamantran Apartment Owners Association vs State of Uttar Pradesh and others*. The Ghaziabad deputy registrar’s jurisdiction covers group housing societies in Gautam Budh Nagar and Ghaziabad.

The proceedings arose from a writ petition filed by Nikhil Singhal, president of the Noida HighRise Federation (NHRF), seeking clarity on what he described as ambiguities in the bye-laws and legal provisions governing AOAs.

Deputy registrar Nikhilesh Rajan said the order was being circulated to allow apartment owners, elected representatives, management boards and other stakeholders to submit comments and suggestions on the issues before the court.

“The copy of the high court’s order is required to be displayed on the main notice board of every concerned society so that individual apartment owners, elected members and other stakeholders are made aware of the issues flagged before the court,” Rajan said.

Among the questions being examined is whether the Societies Registration Act, 1860, or the applicable rules and bye-laws allow the deputy registrar to grant provisional approval to office-bearers of a society and, if so, under which provision such power can be exercised.

The court has also sought the state government’s response on the tenure of office-bearers and the mechanism for ensuring elections are conducted within the prescribed period when an incumbent management fails to initiate the process.

Another issue concerns the voting rights of apartment owners who have not paid maintenance, electricity or other society dues. The court has asked the government to clarify whether residents can legally be denied voting rights on this ground and what safeguards exist against misuse of such a restriction.

It has also sought details of any study or review carried out by the state government into the functioning of management committees and the manner in which grievances of apartment owners are addressed.

Taking note of the large number of residential and group housing societies in districts such as Gautam Budh Nagar, Ghaziabad, Kanpur and Lucknow, the court has further sought the government’s views on whether a different or dedicated forum could be designated to deal with such matters.

Officials said apartment owners and other interested individuals or organisations may submit comments and suggestions through the deputy registrar, directly to the registrar (compliance) of the high court, or by seeking intervention in the proceedings.

“The directions of the high court have to be complied with within the prescribed period. The societies have been asked to ensure that the order is brought to the notice of all concerned,” Rajan said.

The court clarified that material submitted by stakeholders would be treated only as suggestions to assist it and would not constitute evidence or be used to prejudice any society, management board or individual without notice and an opportunity to be heard.

The high court also kept in abeyance until the next hearing an April 20, 2026 order passed by the deputy registrar in the matter. It clarified that its observations were prima facie and did not constitute findings against any person or society.

Singhal said the petition was intended to resolve ambiguities between the bye-laws and legal provisions governing AOAs and inconsistencies in orders passed by the deputy registrar.

“These ambiguities have become a source of disputes in housing societies, particularly over elections, tenure of office-bearers, registration and the interpretation of management powers. I am hopeful that the court’s intervention will establish the correct legal position and provide much-needed clarity on these issues,” he said.