Powers, eligibility of election officer, etc.
Ali Hassan Mirza
(Querist) 01 December 2011
This query is : Resolved
Recently, our apartment had conducted general body meeting and election's after a span of more then 2years and 8 months. The managing committee had flouted many rules and regulations that are mentioned in the Bye- laws of our building. Now, I seek some clarifications and expert advice regarding the elections of the society:
1. What is the eligibility of election officer and powers of election officer to conduct elections in apartment?(the election officer appointed by managing committee is an advocate and also a resident of the same apartment)
2. The present committee's term had expired in the month of 31st April,2011 but they continued their term and held their office till November 2011 without seeking extension from registrar of societies. Even after expiry of term, the committee carried out several extensive and expensive works under the veil of maintenance and development. Is this appropriate and if not then how and where should it be challenged and under which law? (please provide Me with Acts and rules)
3. Some of the residents of society opposed the actions of managing committee on the date of elections and elections got cancelled and the some among opposing members formed a INTERIM COMMITTEE on the same day to represent before the GOVT., BANKS and to conduct elections in a legal manner. Now the previous defunct managing committee filed false police complaints against the INTERIM COMMITTEE and other residents and has also filed a caveat in senior civil judge basing on false allegations against the INTERIM COMMITTEE. what is the remedy and under what Act or under which law are they empowered to file such cases?
PLEASE REPLY AS SOON AS POSSIBLE.....
Raj Kumar Makkad
(Expert) 02 December 2011
1. It is purely legal.
2. It is not legal hence you or any other affected member of the society can file a complaint before assistant registrar.
3. The action of the illegal committee running the affairs of the society even after the expiry of its term is entirely illegal and such election and action of the office bearers can be got challenged before civil court as those members have already approach therein instead of registrar.
Sailesh Kumar Shah
(Expert) 06 December 2011
Agree with views Mr. Makkad.
One question to you that what is the exact date ?? it shall not be 31.04.2011, as you mentioned in point no.2.
