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Sudarshan   11 February 2022

Power of attorney holders as rwa office bearers

In my RWA we had stopped the POA holders from standing the election stating the SC ruling that when a POA does not have any power in actuality then no responsibility can be provided. But i am facing backlash that, the same rule is only applicable in corporate cases and not in case of a RWA. can some lawyer suggest me the right approach?



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 3 Replies

G.L.N. Prasad (Retired employee.)     12 February 2022

Write to the Registrar of Societies and get authentic information/order.  You can also file RTI Application with Rs.10/- RTI fee and can get authentic information from SPIO, Sub Registrar.  Infact PROXY voting is not illegal.

Information solicited:

1. Pease provide me the copy of the laid down norm/order/circular which empowers POA holders to exercise voting rights on behalf of owners when such specific power was not disclosed in POA

Anaita Vas   12 February 2022

Respected Sudarshan,

Mangi Lal And Ors. vs State Of Rajasthan And Ors. on 7 November, 1997, it was stated that Section 46 of the Act, 1955 provides for exemption of obtaining Khatedari rights in exceptional cases. It includes the case of a minor and a person incapable of cultivating his holding by reason of physical disability or infirmity. An idol/deity can fall to both the classes i.e. a minor as well as a physically disabled or infirm person and the manager or the State is under an obligation to protect the interest of such a minor or disabled person. No person can acquire Khatedari rights in the land belonging to a minor. The object is laudable and based on public policy and, therefore, the deity cannot be deprived of his property by such a transaction, which has fraudulently been entered upon by the Pujari himself. It is the obligation/function of the State to look after the welfare of the deity being a person, maybe juristic, maybe a person on account of fiction of law but incapable to protect its interest being a perpetual minor and disabled physically. (Vide Ramlal v. Board of Revenue 1990 (1) RLR 161 (DB)}

 

Regards,

Anaita Vas

P. Venu (Advocate)     16 February 2022

To my understanding, Supreme Court ruling in Suraj Lamps .......... is of relevance in election of RWA, However, it is a moot question how PoAs have been allowed to contest or to be office bearers of the RWA.


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