Voting rights of land owner in apartment assn election

I think he will have 70 votes, Likewise in company shareholders will have voting rights as per their number of shares.

yes. I too agree with Mr.Rajkumar opinion. 

yes based on the bye-law the owners have one vote rights therefore he is owning 70 then he has

Dear Mr. Rajaprasad ji,

Whether the complex has RWA or Managing Committee of the cooperative society.  

Presumably it is a registered RWA, if so, it will be governed in terms of its MoA and AoA, (but not Bye-Laws as stated by you) which would have clarified voting rights of its members.

However, if it is a cooperative society it would obviously be governed by State Cooperative Societies Act / Rules and Bye-laws adopted by the Society. In this case a member can have ONE membership vis-a-vis ONE vote only. 

In my opinion, in a cooperative society the votes are for members and not for flats. Therefore, each owner will have one vote unless otherwise mentioned in the bye laws.

I agree with Dr. Vasishta's opinion. Your's does not appear to be a Cooperative housing Society, where one member one vote principle applies. Your  Association appears to be a welfare association registered under societies Registartion Act. So going by the provision you have quoted the land owner who has retained 70 flats for himself under the LD Agreement will have 70 votes. I presume he has been admitted as memebr of your Association. If not, he cannot exercise any voting rights for the simple reason that he is not memebr of the Association.

1. The bye laws are made as per the circumstances but within the guidelines of the law governing it.

If the decision to have only one vote per member even if has owning more than one flat, has been taken in a meeting by passing resolution for that, then it is binding on all the members.

The law is silent on this aspect.

2. The land owner, who is having equal flats under his control, may form his own association, which cannot be termed as illegal.

But he cannot retain all the flats without attempting to sell them.

Once they are sold his association cannot remain if the members of that association tilt sides to come to your side.

Any suggestion depends upon the Law under which the Society i registered. The provisions of the byelaw cannot travel beyond the statutory provisions.