Justacommonman
07 October 2020 at 01:22
Dear Experts,
As per the elections guidelines published for the election of AoA in our newly formed society in UP Meerut jurisdiction, the bye-laws state that "Voting will be on a percentage basis, and the percentage of the vote for which the owner is entitled is the percentage assigned to the dwelling unit or units in the declaration." As per this the Election Officer says that unit having lesser area will have a proportionately lesser vote.
AFAIK, As per the SC judgement of 2007 - "Veena Kumari Tandon v. Neelam Bhalla And Others" - one flat one vote should be the norm. But the The Uttar Pradesh Apartment (Promotion of Construction, Ownership and
Maintenance) Rules, 2011 contradict this SC judgement saying:-
"SIXTH: (a) that the right, title and interest of each apartment owner and his
proportionate share in the profits and common expenses for the common
areas and facilities, as well as the proportionate representation for voting
purpose in the meeting of the Association of Apartment Owners of the
…………………………….… Condominium is based on the proportionate value of
each apartment to the total value of all apartments. "
There seems to be a clear contradiction here. Please guide what can be done to enforce one flat one rule as mandated by SC?
Justacommonman
15 May 2012 at 12:48
Hi,
I got married last month and I want to get my marriage certificate in place. I've been residing in Ghaziabad region of UP for the past 7-8 months at my own home. My wife is a resident of Delhi. Our marriage happened in Delhi Mayur Vihar region.
My query to the experts is - when I want to get my marriage registered and for the marriage certificate - should I apply for the same in UP, Ghaziabad or Delhi, East Delhi region?
Thanks & Regards
Sandeep
Voting in rwa elections | one flat one vote | up apartment
Dear Experts,
As per the elections guidelines published for the election of AoA in our newly formed society in UP Meerut jurisdiction, the bye-laws state that "Voting will be on a percentage basis, and the percentage of the vote for which the owner is entitled is the percentage assigned to the dwelling unit or units in the declaration." As per this the Election Officer says that unit having lesser area will have a proportionately lesser vote.
AFAIK, As per the SC judgement of 2007 - "Veena Kumari Tandon v. Neelam Bhalla And Others" - one flat one vote should be the norm. But the The Uttar Pradesh Apartment (Promotion of Construction, Ownership and
Maintenance) Rules, 2011 contradict this SC judgement saying:-
"SIXTH: (a) that the right, title and interest of each apartment owner and his
proportionate share in the profits and common expenses for the common
areas and facilities, as well as the proportionate representation for voting
purpose in the meeting of the Association of Apartment Owners of the
…………………………….… Condominium is based on the proportionate value of
each apartment to the total value of all apartments. "
There seems to be a clear contradiction here. Please guide what can be done to enforce one flat one rule as mandated by SC?