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Can a member self declare him self as secretary or chairman of chs ltd while earlier resign due to

(Querist) 05 September 2015 This query is : Resolved 
Respects Sir,
Good morning i am owner of a flat at mira rd e , having 64 flats , A elder member of our society aged 65 ys to 70 yrs , 3 yrs back he self declared that due to physical / health condition which is not well & supporting to do activity of society that time he was as a secretary of the society.Again as soon new committee is going to form , he shows his strong interest to be a chair man or secretary , one more thing i want to bring in your notice he is always in hyper tension , he also realize that he is victim of hyper tension , can he contast for post of secretary / chairman plz reply.
with regds
Riz .
Anirudh (Expert) 05 September 2015
Dear Mr. Rizwan,

If somebody was not well at a particular point of time, does not mean that he will be unwell for ever. He can recover in health and become alright and be able to undertake responsibilities. Therefore, once having resigned on health grounds cannot be a disqualification.

As regards whether he is hyper-tense, it does not matter. It is for the educated and understanding knowledgeable members of the Society to either select him or not. If the members of the Society feel he should not be elected, then they will not vote for him. That's all.

Please note, your heading of this post, has no relevance to the query posed by you.
Guest (Expert) 05 September 2015
Could you please confirm who was in his post after declaration.If no one had taken his post Now he is Continuing the Post.It is up to All the Members to decide the Futue Committee.
Guest (Expert) 05 September 2015
Your Title of the Post Obviously Suits your Query
Rajendra K Goyal (Expert) 05 September 2015
Yes he can contest the election.
Guest (Expert) 05 September 2015
A regular member can always contest for the post of any office of the society. Health is no bar. However, his election to the post depends upon majority vote of the membership.
Sudhir Kumar, Advocate (Expert) 05 September 2015
no legal issue has been raised
ADV-JEEVAN PATIL, MUMBAI (Expert) 05 September 2015
Yes member is entitle for re election unless disqualified.
rizwanshaikh (Querist) 05 September 2015
thanks to all for reply.

with regds
Rizwan
Guest (Expert) 05 September 2015
You are welcome.


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