Forcing senior citizen to become office bearer in apartment
KK
(Querist) 12 November 2018
This query is : Resolved
Dear experts, we stay in a building having 12 apartments. My parents are senior citizens over 70 yrs of age. Since no one wants to become an office bearer, they have started a chit system. After the term of one committee was over, there was a meeting a chits were removed to elect the next committee. My father's name was on the chit removed for the post of chairman. He has suffered a heart attack few years ago and is not upto this responsibiltiy due to health issues. So he respectfully declined the post stating health problems. But some apartment owners are constantly pressurizing and forcing him, and not taking no for an answer. My dad's health is getting affected.
What are his rights as senior citizens?
Can the other members force him to become chairman?
Is this chit system valid?
Guest
(Expert) 12 November 2018
Your Father could send his refusal in detail by registered post with acknowledgement and it would close the issue please.
SHIRISH PAWAR, 7738990900
(Expert) 12 November 2018
No one can pressurise anyone to become office bearer. You have to say "NO". There is no chit system under law.
Kishor Mehta
(Expert) 12 November 2018
If no member is willing to be elected to the Managing Committee, the Society should request the Dy. Registrar of Co-Op Housing Societies to appoint an Administrator to supervise the affairs of the Society. Alternatively it can take help of the professional organisations to look after the affairs of the Society.
Adv. Yogen Kakade
(Expert) 13 November 2018
I do not agree with the Expert Mr. Pawar with respect to the answer "There is no chit system under law".
The cooperative societies govern with the help of the by-laws prepared, agreed and authenticated by the members in terms of memorandum or resolutions. In certain issues the society members can decide through withdrawing a chit and it is valid. But in your case, to resolve the issue, kindly suggest your father to file an application addressing to the chairman and the secretary of the society by mentioning his refusal and the reasons behind the same such as his health issues. Get the acknowledge of the same for the further reference.
P. Venu
(Expert) 13 November 2018
First of all, what is the opinion/inclination of your father? The age of 70 or having a cardiac problem is no constraint in taking up a voluntary activity for the common benefit of all. Please remember that former prime minister Manmohan Singh was more than 70 and had already undergone by-pass surgery when he took up the Office and had underwent one more surgery while holding the office.
Of course, no one could be forced to be an office bearer. But this arrangement could be beneficial for your father and the Society. It would keep your father busy away from the hassles of the ailment and the Society can avoid the impending administrative vacuum.
Kumar Doab
(Expert) 13 November 2018
Your father has medical/health issues and must also be having medical record.
He is within his rights to decline stating the qualified reason i.e. health and keep the POD, acknowledgment. He may narrate brief minutes of all previous communications. He may even narrate that till he gets well the parchi/chit of his name may not be prepared.
If society has email id communication he may send copy of letter sent by redg. Post by email as well.
However in Co-operative matters the show is run by mutual co-operation.
Although there can be exceptions in compelling circumstances.
Sudhir Kumar, Advocate
(Expert) 14 November 2018
Unbelievable. (unless hidden facts come to light)
generally there is scramble;e to grab the elected posts in society.
Even if someone is not competent due to health/ education / financial status / maturity still people wat to be prime office bears.
Please come with full facts.
