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Voting in rwa elections | one flat one vote | up apartment

(Querist) 07 October 2020 This query is : Resolved 
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?
P. Venu (Expert) 07 October 2020
The contradiction may be brought to the notice of the Government. If no remedy, the rules could be challenged in a Writ Petition in the High Court.
Rajendra K Goyal (Expert) 08 October 2020
The Rules are correct, has to be observed till it is challenged and decided otherwise by competent court or changed by the government.

You may take any or both avenues for the purpose.
Justacommonman (Querist) 10 October 2020
Respected Sirs,
Thanks for the indulgence. Please allow me to ask a follow up question here. As stated above in my original question the rule explicitly states :
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.

My humble question is that the rule explicitly states that the proportionate representation for voting purpose is only applicable to "MEETING" of the Association of Apartment Owners. Could this be a case of misunderstanding or extrapolation since in my understanding an AoA election is not a meeting. Please advise further.
Justacommonman (Querist) 10 October 2020
Respected Sirs,
Thanks for the indulgence. Please allow me to ask a follow up question here. As stated above in my original question the rule explicitly states :
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.

My humble question is that the rule explicitly states that the proportionate representation for voting purpose is only applicable to "MEETING" of the Association of Apartment Owners. Could this be a case of misunderstanding or extrapolation since in my understanding an AoA election is not a meeting. Please advise further.
Rajendra K Goyal (Expert) 10 October 2020
It would be better to discuss in detail with local lawyer.
P. Venu (Expert) 10 October 2020
Admittedly, you are well aware of the legal position. Thanks for educating us on the finer distinctions as to voting for the RWA elections and meetings of the association!


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