Clarification on voting in housing societies

Querist : Anonymous (Querist) 10 March 2024 This query is : Resolved
Sir, In our registered Housing association ( Registered under Karnataka Apartment Ownership Act, 1972) , our registered Deed of Declaration states that " Each apartment holder or share holder whether joint owners or otherwise, will have the right of one vote for each apartment " . Election is conducted for 9 member board. However, in the election, our Election committee is allowing each voter to vote up to 9 candidates. ( That is, in One Ballot paper voter can mark up to 9 contestants) Is that legal? I have objected to that saying each voter can vote for only one candidate as per our registered Deed of Declaration. Kindly provide legal opinion on this.

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Isaac Gabriel (Expert) 10 March 2024
Each member is having right to nine members.Nothing wrong in the procedure.

Querist : Anonymous (Querist) 10 March 2024
It's no where written that each member is having right to 9 members. DoD, which is akin to constitution of housing complex , unambiguously mentions ' One flat, One vote'.

T. Kalaiselvan, Advocate (Expert) 11 March 2024
On flat one vote is the concept.
When there are nine posts being contested by various candidates then each voter is having right to select a candidate in each post.
Don't read between the lines and be misguided.

Querist : Anonymous (Querist) 11 March 2024
Sir, ' One vote per flat ' is not mere a concept, but a method of election as well. For example, in Election to Rajyasabha ( A multi member constituency ), each voter casts only one vote.

Do, when such a election method is possible and DoD mentions of it, why other model should be considered ?

The 9 members constitutes a board and its not a post. Infact, posts like secretary, treasurer are elected among the board members later.

T. Kalaiselvan, Advocate (Expert) 11 March 2024
You better visit the bylaws and try to understand the law or consult a legal adviser with the copy of the bylaws instead of arguing the points on the basis of your own understanding of law.
You may not be knowing that you are misinterpreting the law, hence consult a prudent adviser on all such issues

kavksatyanarayana (Expert) 11 March 2024
Every owner of a flat can vote directly to appoint specific candidates to positions such as President/chairman, vice president, Treasurer, Secretary, Joint Secretary and 2 or more Executive Members. If all the owners decide to elect 9 members for an Executive Body, each owner shall elect 9 members and as such each owner shall cast 9 votes.