Illegally conduct of Society Election for Owners Association
Sunil Kumar Samal
(Querist) 27 June 2017
This query is : Resolved
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Illegally conducting of election in a welfare housing societ
by
Sunil Kumar Samal
on 27 June 2017
Dear Sir, Our apartment Vasathi Anandi is a gated community with 7 Blocks in Hyderabad. Recently our residents tried to form an association, for that all residents got a notification that we will form association so please nominate yourself for different posts but one member from each block. And the selection process would be like from Top to Button stating from President, Vice President, General Secretary, Asst General Secretary, Treasurer, Asst Treasurer. However I nominated as President from my Block B and another guy also nominated himself for General Secretary and Treasurer. But as per condition if I will win election so the guy nominated himself for other two posts would be disqualify as per One Block One Post. But similarly in another Block D, one lady was standing for Asst General Secretary and one guy for Treasurer. But that lady was standing unanimous as there is no contestant. So as per our by law, one block one post. The lady selected for this by default as no contestant against her. But some people wanted another guy who stands for Treasurer. As his position comes later so he is Technical out as lady won by default. But our election committee is changed the rule at last moment and asked this lady to resign and she also did it and so they selected Treasurer which is against our ByLaws. So sir in that case what the laws said and what kind of action can be taken.
Message
Azhagananth
(Expert) 28 June 2017
if such election is against the bye law and your association is registered one, file civil suit before civil court to declare that the election held was against the bye law and for new election as per bye law..
Azhagananth
(Expert) 28 June 2017
however before the disposal of the suit the tenure of the elected membership will be over...
Rajendra K Goyal
(Expert) 28 June 2017
Whether the association is registered and has fixed bye laws?
If so the election presiding officer should proceed and declare result as per bye laws of the society if no stay from court received in the process.
