We recently got a deemed membership of the society which was fully controlled by the builder. The society management committee is formed by people who are not even residents. The committee has long stopped doing any maintenance of the society. Further, they have also failed to pay outstanding amounts to creditors. The residents have been maintaining the premises with their own money.
Now that we got a deemed membership, we want to find out how we can remove the existing commitee and install a new management committee. The election of current committee was supposedly held just 3 years ago.
Our lawyer suggested that we ask registrar to call a SGBM and during the SGBM, pass a resolution to appoint persons to file E1 and E2 forms (required to call election). However, some members think that only committee members are allowed to file these forms. So, my question to the learned members here is:
1. Can SGBM appoint persons to initiate pre-term election proceedings?
2. If answer to question 1 above is no, what is the best way to install fresh management committee?
Thanks in Advance!