Rwa elections under haryana society registration act 2012
Mrs Supriya Dutt
(Querist) 11 November 2014
This query is : Resolved
Mr Raj Makkad Sir,
We are a condominium in Gurgaon who conducted its first elections under the above Act in June 2013 when the builder moved out and handed over to the RWA. 10 residents were elected uncontested. Since June 13 to date, 10 residents joined and resigned from the Board due to misbehaviour and malpractices by 2 members.Currently 2 of the original Board members who refused to resign despite the residents having lost faith in them + a new joinee still continue.
As per our byelaws, the quorum is 1/3rd of 10 so 4 members must be there for it to be legally able to conduct the affairs of the RWA. The residents demanded fresh elections. The RWA put up a notice on OCt 15 saying elections will be held
We have complained to the ROS who has written to them to explain the malpractices stated by us.
No election date has been fixed and is purposely being delayed.We had asked for a neutral election officer to be appointed and an observer from the ROS for conducting elections
MY questions are
-Does the Board dissolve when it drops below quorum?
-Can these 3 residual memrbers continue to sign cheques and carry on the business?
-Can the majority Residents with voting power take a decision and call and conduct fresh elections?
-OR do we have to wait for 3 residual members to call for election?
-OR do we have to wait for ROS to appoint an election officer and observer?
I do hope you can give some insights as I see you are very knowledgable
regards
Supriya Dutt
Sudhir Kumar, Advocate
(Expert) 11 November 2014
I general body decides to elect new body they have no choice but to go cribbing. I am posting below a stereotype story of all RWAs. There may be some local variations.
Sudhir Kumar, Advocate
(Expert) 11 November 2014
Story of RWA is similar every where.
In addition start popular campaign and get this RWA voted out.
Most of the office bears are retired petty Govt officials from low level, non-decision making gazetted posts or even below, who had throughout life been half slaves and power starved and after retirement are agile and of no other use to their family and not worth any respectable job. If anyone of them is a Ex-JCO of Armed Forces, he will always claim to be treated with utmost reverence while he will tend to treat all residents at his command. He will also like guards not to be polite to anyone else then him. Or else they are young property dealers giving impression of muscle power from nearby village. They both have a common strength of having ample spare time. They have a common weakness of not being able to keep proper account of the RWA Money and not able to get a proper audit. They are always open to the challenge of embezzlement (even if they have not done). As a policy they do not like to share the copy of registered constitution of the RWA.
They are more active in RWA where there is no big temple and their greed for power is not satisfied in temple fund. They have a common habit of not being aware of law and common tendency to argue on the basis of law when other person does slightest error. They always argue illegality of election when voted out.
Some of them have rehearsal in office bearers in Govt colony before retirement. But during those days they cannot behave like such imprudence as till them they are bound by service norms and RWAs of Govt colonies are controlled by Govt and not by Registrar of cooperative societies. They are always very courteous to those residents whom they believe to be well placed/ well connected and pay utmost regard to him. Some of them may be teatotallers and may also be wine addicts. It does not make much difference on their bahaviour.
They have a common rudeness with guards, laundry woman, maids, gardeners, car washing boys, plumbers, vegetable vendors, kabari, electricians, carpenter, milkmen etc, priest of local temple etc who happen to visit colony for a living. At times they are their milch cows. Delivery boys of restaurants to not scum to them because of support of large company. In any case the Postman is public servant so forget to harass him. Each report of theft of bike or car stereo is a boon for them so that they can derive more sadistic pleasure in more harassing the residents and workers in the name of “security” and threaten any resident of reporting against him to the police. I have also seen them to obtain written complaints from poor guards and giving police complaint of robbery of personal cash and then getting rebuked by police.
Falling out of definition of Public servant in Prevention of corruption act they cannot be charged under PC act for embezzlement or bribery. Booking such persons in charge of extortion or fraud is generally avoided by the residents.
In case some poor person has slightly jumped the municipal law and converged part of his dwelling unit into grocery/ stationary short etc then they have a right to behave with him the way a madari behaves with monkey. Even poor woman doing petty stitching jobs from flats are at times harassed. They do like to harass the tenants but do not venture much because since they have no permanent stake the tenants do not mind slapping/beating them and even calling police. I have heard them at times helping the tenants if they intend to grab the flat.
Simply because of grey hair some people like you choose them to represent and they start feeling like Feudal lords. They enjoy sadistic pleasure in such acts and generally do not have any moral or financial backup to face the litigation. However as long as office bearers the police/MCD/Local DDA officers if not very smart are likely to be influenced by them.
It is lucky that they have not been given sovereign powers like village panchayat.
If you are not able to tame them in time they will hold entire society to ransom.
No solution is possible unless you vote them out. Voting out such Sr citizen rogues following the following phases.
(i) they do not agree for election. One has to take Herculean steps and even complaint to registrar.
(ii) they do not show constitution copy to anyone and one has to obtain from registrar office and to see the provision and periodicity of elections.
(iii) they try to manipulate the voter list.
(iv) They appoint returning officer of their wish, if not opposed by general body.
(v) when election process starts these semi-literate buddas (till yesterday claiming that they do not know laws) suddenly gain legal knowledge and each one of them become attorney.
(vi) they allege bias on Returning officer when defeat is near.
(vii) when lost elections they allege illegality of elections and refuse to hand over document.
(viii) they decline every gentle plea of new executive to hand over the documents and finanace. However when some assertive semi-goon type resident gets frustrated and threatens then they forthwith hand over documents to new body.
(ix) they stop attending common functions.
(x) now when outside the power they just sit on the "pulia" outside gate and stare women with they old dried eyes.
(xii) They would just not go to the bank for change of signature of new executive and new executive will give application to bank.
(xiii) cash in hand which is not deposited in bank, till the time of election, is anyway theirs.
Sudhir Kumar, Advocate
(Expert) 13 November 2014
When you succeed in putting society to correct path (which you can if you so resolve) kindly do update me as to what extent my observations on the path ahead were correct.
I told you to path ahead because I feel some of the hurdles mentioned above will be faced by you and that should not disturb you and you can take it is a natural outcome.
Mrs Supriya Dutt
(Querist) 13 November 2014
Thank yooad. I would however appreciate u Mr Sudhir Kumar for your response. Yes we are aware it is a long road and will take time.
However I would like to have your legal opinion on the following specific queries:
Does the Board dissolve when it drops below quorum?
-Can these 3 residual members continue to sign cheques and carry on the business?
-Can the majority Residents with voting power take a decision and call and conduct fresh elections?
-OR do we have to wait for 3 residual members to call for election?
-OR do we have to wait for ROS to appoint an election officer and observer?
We will surely have a new RWA in place soon and I will keep this forum posted
Sudhir Kumar, Advocate
(Expert) 13 November 2014
Does the Board dissolve when it drops below quorum?
NOT CLEAR WHAT DO YOU MEAN
-Can these 3 residual members continue to sign cheques and carry on the business?
YES TILL THEY ARE VOTED OUT.
YOU ARE SILENT AS TO WHICH POSITION THEY ARE HOLDING AND YOU ARE ALSO SILENT AS TO WHAT DOES TO SOCIETY CONSTITUTION PROVIDE FOR.
-Can the majority Residents with voting power take a decision and call and conduct fresh elections?
YES. EB DOES NOT HAVE MORE POWER THAN GB
THEY WILL DUB IT AS UNAUTHORISED ELECTION.
YOU CAN SIGN REPRESENTATION/RESOLUTION FROM EACH RESIDENT AND SUBMIT TO THE REGISTRAR THAT THEY DO NOT REPRESENT THE MASSES AND ALSO NOTIFY THE SAME TO THEM AND WANT THEM THEY SHOULD NO MORE SPEND ANYTHING FROM THE SOCIETY FUND TILL RE-ELECTION TAKES PLACE.
-OR do we have to wait for 3 residual members to call for election?
YOU R SHOULD FIRST GIVE NOTICE TO THEM SO THAT THEY REFUSE AND YOU MOBILIZE MASSES FOR HOLDING A GB WHEREIN THEY SHOULD BE INVITED AND DUE TO THEIR EGO THEY WILL ABSTAIN AS THEY WILL DUB YOUR MEETING AS ILLEGAL AND PRIVATE.
-OR do we have to wait for ROS to appoint an election officer and observer?
NO NEED.
Mrs Supriya Dutt
(Querist) 13 November 2014
Thank you for your response.
The three individuals hold posts of President V president and Treasurer.
Our bye laws say that 4 members are required for quorum. Hence when the Board falls below 4 does the Board stand dissolved since these three can no longer pass any resolutions???
Also they have now called for elections for 7 vacant positions and say that if all 10 positions are put up for elections ,the ROS will have to appoint an administrator in the interim. Is that legally correct.
Sudhir Kumar, Advocate
(Expert) 13 November 2014
"if all 10 positions are put up for elections ,the ROS will have to appoint an administrator in the interim"
This is Bakwas they are telling.
They appear to be motivated to make your society an ancestral feudality.
Nothing new. Founder members do intend so.
They can continue as interim Present etc till new executive is appointed.
You have to tell them that the administrator can be appointed if they do not hold the election.
You have commented nothing about the constitution of the society. I am sure that term of President and other cannot be infinite.
