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Thirumalai Dasan K   13 May 2024

Truncating the tenure of residential welfare association

Dear Experts, Greetings.

Ours is a registered Residents Welfare Association with 1000+ members. Due to the infighting among EC some time in January 2024, 7 out of 15 EC (total 20, 5 vacant) notified a meeting to pass a resolution to dissolve the defunct team, whose tenure expires on November 26, 2024. Due to some internal negotiations among the EC, that did not materialize. Suddenly, in March 2024, the secretary and president called for volunteers for the election committee separately. The secretary announced the election committee, and no one is aware of the president's action till date. Now the election committee has set the election date for 23-6-2024 without referring to the valid bylaw, year, amendment, etc. 1) Can the EC, in the first place, go ahead and truncate the tenure without an EGM resolution? 2) Can the election committee notify the public of the election with a list of posts without any reference to the valid bylaw reference? 3) What are the rights of members in this?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     13 May 2024

The RWA has to follow the procedures of bylaws in this regard and any violation can be considered illegal and invalid. 

You have two options,  to make a complaint to registrar concerned about this illegal act and fraudulent activity and to intervene for taking suitable action as per bylaws  or to file a suit for injunction against the existing committee restraining them from proceeding with the proposed election which is in violation of the bylaws. 

You can discuss with like minded members and decide further course of action. 

Thirumalai Dasan K   13 May 2024

Thanks a lot for your advise.

Mr. Sumitra kumar (Advocate)     13 May 2024

Please refer to the bye-laws of resident welfare association.


Thank you.

Thirumalai Dasan K   13 May 2024

Thank you 

T. Kalaiselvan, Advocate (Advocate)     14 May 2024

You are welcome for your appreciations.

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