In our housing society type E in Maharashtra/Mumbai, existing committee was elected more than 5 years ago. Now same committee is planning to conduct elections as per existing rules & regulations of MCS Act.
Some of the office bearers like Secretary, Treasurer have 4 ( four ) children all born after Sept 2001. As per MCS act at the time of their appointment 5 years ago some had 3 ( three ) children and some had 2 ( two ) and hence they were not eligible for appointment 5 years ago and would stand disqualified now even as per amended MCS Act of 2019.
Is it legally right/correct for such office bearers to conduct elections now or be part of the existing committee which is to conduct elections now ?
Request guidance on how to proceed in respect of these office bearers.