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Unregistered association

Querist : Anonymous (Querist) 31 October 2019 This query is : Resolved 
Sir
Our apartment complex which used to have a registered body was dissolved and the present body which is not registered is being run by the vice president, as the rest of the body resigned, now he declares himself as electoral officer and has put up a body who are amicable to him He has not proved majority, is this legal?
KISHAN DUTT RETD JUDGE (Expert) 31 October 2019
Dear Sir,
If you have any grievance then you can approach Deputy Registrar of concerned Government Department.
Hemant Agarwal (Expert) 31 October 2019
1. Without following election procedures (notice, nomination, voting etc.... ) no body can be constituted for any Association /Society.

2. IF in Maharashtra, lodge a complaint petition with the registering authority (district charity commissioner), and ask him to intervene and conduct proper elections under his representatives supervision.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
kavksatyanarayana (Expert) 31 October 2019
Ji, follow the terms and conditions of the Bye-laws of Apartment. After dissolution of the old body, a new body shall be elected with majority of the General Body. so make a petition to the Registrar/Deputy Registrar of Cooperative housing Societies of the District.
SHIRISH PAWAR, 7738990900 (Expert) 01 November 2019
Dear Anonymous,
Society should conduct election and elect the managing committee. Being member you can approach co.op. registrar and file your complaint. Registrar will issue necessary direction for election.
Regards,
Dr J C Vashista (Expert) 02 November 2019
Mr./Ms Anonymous,
1. An association (registered) is a perpetual body and can not be dissolved with resignation of few office bearers.
2. Vice-President can not declare himself/ herself as Returning Officer, if so, it is invalid and illegal, challenge before appropriate authority.
3. Consult and engage a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding if there is "some" truth in the story, which is prima facie, a hypothetical and fabricated.


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