RWA Not holding elections
RK Okhandiar
(Querist) 02 November 2017
This query is : Resolved
Sir, our RWA, in Sector 72 Gurgaon, Haryana, was registered as a society in Aug 2016. Before its registration the Governing Council comprising 07 members had been elected in an ad hoc manner. These 07 members registered themselves as society, without any debate/discussions on its bye laws. In the bye-laws they mentioned that the term of Governing Council (GC) will be 03 years.
For about one year from the date of registration, no effort was made by GC to enrol members. When residents found that GC was indulging in unfair practices, they expressed their lack of faith in them and demanded elections. Under pres sure, the GC started membership drive and promised that elections will be held after membership drive.
After about three months, now the residents asked for the plan of elections and appointment of Returning Officer. The GC has said no one can force them to appoint a RO and they will do as and when they feel like.
The point is that the GC was appointed in an ad hoc manner and was never elected by residents in accordance with rules laid down by Govt. Therefore after having themselves registered they are obliged to open the membership registration process at the earliest and then hold a proper election.
But the present GC is trying to make money at the cost of residents.
My querry is that what can residents do to force them to conduct early elections? Can the ROC force them to do so?
Sudhir Kumar, Advocate
(Expert) 03 November 2017
Story of RWA/HOUSING SOCIETY is similar every where.
In addition start popular campaign and get this RWA/HOUSING SOCIETY voted out.
Most of the office bears are retired petty Govt officials from low level, non-decision making gazetted posts or even below, who had throughout life been half slaves and power starved and after retirement are agile and of no other use to their family and not worth any respectable job. If anyone of them is a Ex-JCO of Armed Forces, he will always claim to be treated with utmost reverence while he will tend to treat all residents at his command. He will also like guards not to be polite to anyone else then him. Or else they are young property dealers giving impression of muscle power from nearby village. They both have a common strength of having ample spare time. They have a common weakness of not being able to keep proper account of the RWA/HOUSING SOCIETY Money and not able to get a proper audit. They are always open to the challenge of embezzlement (even if they have not done). As a policy they do not like to share the copy of registered constitution of the RWA/HOUSING SOCIETY .
They are more active in RWA/HOUSING SOCIETY where there is no big temple and their greed for power is not satisfied in temple fund. They have a common habit of not being aware of law and common tendency to argue on the basis of law when other person does slightest error. They always argue illegality of election when voted out.
Some of them have rehearsal in office bearers in Govt colony before retirement. But during those days they cannot behave like such imprudence as till them they are bound by service norms and RWA/HOUSING SOCIETY s of Govt colonies are controlled by Govt and not by Registrar of cooperative societies. They are always very courteous to those residents whom they believe to be well placed/ well connected and pay utmost regard to him. Some of them may be teatotallers and may also be wine addicts. It does not make much difference on their bahaviour.
They have a common rudeness with guards, laundry woman, maids, gardeners, car washing boys, plumbers, vegetable vendors, kabari, electricians, carpenter, milkmen etc, priest of local temple etc who happen to visit colony for a living. At times they are their milch cows. Delivery boys of restaurants to not scum to them because of support of large company. In any case the Postman is public servant so forget to harass him. Each report of theft of bike or car stereo is a boon for them so that they can derive more sadistic pleasure in more harassing the residents and workers in the name of “security” and threaten any resident of reporting against him to the police. I have also seen them to obtain written complaints from poor guards and giving police complaint of robbery of personal cash and then getting rebuked by police.
Falling out of definition of Public servant in Prevention of corruption act they cannot be charged under PC act for embezzlement or bribery. Booking such persons in charge of extortion or fraud is generally avoided by the residents.
In case some poor person has slightly jumped the municipal law and converged part of his dwelling unit into grocery/ stationary short etc then they have a right to behave with him the way a madari behaves with monkey. Even poor woman doing petty stitching jobs from flats are at times harassed. They do like to harass the tenants but do not venture much because since they have no permanent stake the tenants do not mind slapping/beating them and even calling police. I have heard them at times helping the tenants if they intend to grab the flat.
Simply because of grey hair some people like elect them and they start feeling like Feudal lords. They enjoy sadistic pleasure in such acts and generally do not have any moral or financial backup to face the litigation. However as long as office bearers the police/corporation /Local Housing board officers if not very smart are likely to be influenced by them.
It is lucky that they have not been given sovereign powers like village panchayat.
If you are not able to tame them in time they will hold entire society to ransom.
No solution is possible unless you vote them out. Voting out such Sr citizen rogues following the following phases.
(i) they do not agree for election. One has to take Herculean steps and even complaint to registrar.
(ii) they do not show constitution copy to anyone and one has to obtain from registrar office and to see the provision and periodicity of elections.
(iii) they try to manipulate the voter list.
(iv) They appoint returning officer of their wish, if not opposed by general body.
(v) when election process starts these semi-literate buddas (till yesterday claiming that they do not know laws) suddenly gain legal knowledge and each one of them become attorney.
(vi) they allege bias on Returning officer when defeat is near.
(vii) when lost elections they allege illegality of elections and refuse to hand over document.
(viii) they decline every gentle plea of new executive to hand over the documents and finanace. However when some assertive semi-goon type resident gets frustrated and threatens then they forthwith hand over documents to new body.
(ix) they stop attending common functions.
(x) now when outside the power they just sit on the "pulia" outside gate and stare women with they old dried eyes.
(xii) They would just not go to the bank for change of signature of new executive and new executive will give application to bank.
(xiii) cash in hand which is not deposited in bank, till the time of election, is anyway theirs.
Guest
(Expert) 03 November 2017
Agree with Mr.Sudhir Kumar
Dr J C Vashista
(Expert) 03 November 2017
File a complaint before Registrar of Firms & Societies (Sector 14) Gurgaon giving a copy to the Registrar of Societies, Haryana at Chandigarh followed by a suit for permanent injunction before District & Sessions Judge Gurgaon, if no action is initiated by RFS.
Consult a local prudent lawyer for proper guidance and proceeding.
Ms.Usha Kapoor
(Expert) 03 November 2017
You complainto to registrar of coopearative societies. Adopt modelbyelaws if there are nobyelaws formed by your Governing council. According toMOdel By lsaws you can seek yur legal remedy. The unelected governing council is ilegal.
. Secret vote is unheard in such meetings which are meant for running the affairs of the Society though no where it has been mentioned that it is illegal.
2. No. There should be one meeting which should be minuted detailing the attendees.
3. No. The minutes of the meeting and also the resolution passed should be put in black and white to be signed by all the attendees.
4. If the procedure taken to pass the resolution is illegal, the managing committee can not legally implement the decision taken in the said resolution.
5. First ensure that they can not rectify the technical errors made by changing/amending the records/documents. After that report the matter to the Registrar. You can approach the High court also seeking order for quashing the said resolution, if te Registrar fails to act.
Ms.Usha Kapoor
(Expert) 03 November 2017
Also click the following link for further informationon this issue.RWA also hold eolections amomg themselves etc.
https://timesofindia.indiatimes.com/city/noida/noida-rwa-federation-to-hold-elections-on-july-30/articleshow/59331327.cms?TOI_browsernotification=true
Rajendra K Goyal
(Expert) 03 November 2017
Agree with the expert Dr. J.C. Vashishta ji.
Guest
(Expert) 03 November 2017
Agree with Mr RK Goyal Ji
Kumar Doab
(Expert) 04 November 2017
You have been provided with sufficient references/publications.
You may benefit fro these and act to defend your interest.
