11 May 2010
I am a member of the Oakwood Estate Condominium Association in DLF City-II registered under Haryana Apartment Ownership Act, 1983. The bye-laws of our association clearly state that in case of jointly owned apartments, only the member whose name appears first in the share certificate/deed of apartment is eligible to vote.
Since the bye-law does not specifically define `who can contest' there is a lot of confusion prevailing in the minds of property owners. Need to know if those members who are ineligible to vote (whose names does not appear in the first place in deed of apartment) are eligible to contest.
As per the bye law those members whose name reflects in the share certificate are eligible for voting. This said rule applies only for voting and not for contesting the elections. Hence any member can contest the election.
Moreoever the bye law is silent and not specific as to who can contest the election and hence it must be understood/interpreted harmoniously to provide right to every member of the association to contest the election unless any restrictive provision in the bye law governs the issue of contest.
Ineligibility to vote does not necessarily mean Ineligibility to contest.
11 May 2010
The confusion / conflict arises from a) If one is not qualified to vote on a resolution/decision of the elected body, how can he be qualified to become a decision maker of the same body?
b) Under Indian Election Laws (not sure if the same principles apply here), someone who does not have the right to vote (convicted for more than 2 yrs.; bankrupt; insane, non-citizen etc.) is also barred from contesting elections. If we extend the same logic, the conflict gets clearly established.
07 December 2011
In case of jointly owned apartments, only the member whose name appears first (and not latter)in the share certificate/deed of apartment can exercise vote, to be elected and become office bearer.