Notice of election apartments society
Guest
(Querist) 09 October 2012
This query is : Resolved
A notice has been issued on 04 Oct by the present committee declaring election to new executive committee to be held at 1100 hrs on 04 Nov.
In gist it is stated in the notice that :
Meeting called by the order of the President.
Presentation of accts for last 3 years.
Dissolution of the existing committee and nomination of the chair person to chair the meeting.
Announcement of office bearers of the new EC.
Vote of thanks.
Then it is added:
If quorum for GBM is not attained by 1100 hrs on 04 Nov the meeting will be adjourned till 1130 hrs and commence again at 1131 hrs with the attendees present at that time assuming that quorum has been attained.
EC has decided to entrust Mr Subhas Dasgupta (a non-member) as the returning officer for conducting the election 2012. Mr Dasgupta ( God Knows who he is )has agreed to render his services for the election.
For voting rights please note the following:
Only one vote per flat.
Flat owners and their spouse are eligible.
A member who is in default of the maintenance subscription shall not be eligible to vote.
In case a member or his/her spouse is not able to participate in the GBM and election he/she can nominate his/her representative to cast vote on his/her behalf.
This circular has been signed by the present General Secretary and Mr Subhash Dasgupta who is supposedly entrusted by the present EC as Returning Officer.
I am one of the resident members where only nine out of 25 flat owners are resident members.I did not attend any of the meetings for the past 3 years as a false case emanating from car parking problem was lodged against and the indian police made a mullah framing me under Sec 341 and 506 which went on and on for past 3 years.I am acquitted from all the charges by the local court.
For the past 9 years there was no election for the EC, it was going adhoc . I demanded proper election and found myself charged with Sec 341 and 506. Only last year election was held conducted by the same person who is a non-entity and the same office bearers were declared elected unanimously despite quorum not attained.
I would like to complaint to the Registrar of the Society.
Pl advice
ajay sethi
(Expert) 10 October 2012
returning officer has to be a member of the society . cross check your byelaws duly adopted by the society .
members have to attend the meeting to vote . they cnanot give proxy to anyone to vote on their behalf
send a letter objecting to non member being made a retruning officer and prxies being permitted to vote
Guest
(Querist) 10 October 2012
Thanks . Though the same person One Mr Dasgupta conducted the election last year (election held for the first time)where every office bearer was elected unanimously. The notice is replicated. Last time I did not take part for the reason thus explained. This time I am going to write to the society as advised.
Thanks once again
M V Gupta
(Expert) 10 October 2012
The whole notice is in violation of the model bye laws. (hope the model bye laws have been adopted by ur Society). The fact that the notice states presentation of accounts for the last three years indicates that the EC has not been maintaining the Accounts properly and getting them audited as required under the MCS Act and the bye laws and presenting tjhem at the AGM. Apart from wrting to EC your objections on the notice u may also consider reporting the matter to the Registrar and requesting him to conduct quick inspection of the affairs of the Society and also appoint an administrator immediately to save the interests of the Memebrs.
Guest
(Querist) 10 October 2012
"The fact that the notice states presentation of accounts for the last three years indicates that the EC has not been maintaining the Accounts properly and getting them audited as required under the MCS Act and the bye laws and presenting them at the AGM."
Could you please tell me what is MCS Act?
V R SHROFF
(Expert) 10 October 2012
Maharashtra Co-op Society Act
Guest
(Querist) 10 October 2012
http://www.india.gov.in/allimpfrms/allacts/598.pdf
That is the Govt of AP societies Act 2001.
And this are the extracts of our Bye laws
Para 1: Name-Ushodaya Apartments Welfare Association
Para 2;Location
Para 3 i) Membership: Owners of the Flats / their spouses.
ii) Category -Ordinary
para 4-not there.
Para 5:General Body:
i) Annual General Body will meet once in a year i.e in the month of october.
ii)a) to pass the budget,b) to approve reports of the activities of society, c) to elect EC , d) To appoint Auditor.
5i) EC shall consist of Five members and out of them the following office bearers shall be elected viz President, Vice P,GS, Joint Secy and treasurer ...
ii) Members of EC shall be duty bound to attest the signatures of all the members..
iii)Functions of the EC & Office bearers:-
1. President-He preside over all the meetings of the General Body and EC.He can cast his vote in case of tie in decision making.
2. Vice P -Shall assist P...
3. Secy --He is the CEO of the society....
4. Joint Secy--He has to do the work entrusted by the EC...
5. Treasurer...He is responsible for all finacial trasactions and funds of the society....
6.Office bearers ; They are responsible persons to attend to such activities of the society which the EC entrust to them.
7 ; Quorum -Half of the total members for General Body meeting and one fourth for EC meeting.
8. Funds - shall be spent only for the attachmnet(verbatim) of the object of the society and no portion thereof shall be paid or transferred directly or indirectly to any of the members through any means.
9..Amendments- No amendment or alteration shall be made in the purpose of the association unless it is voted by two third of its members present at a meeting convened for the purpose and confirmed by the members present at a second special meeting.
Guest
(Querist) 11 October 2012
This is the observation of Sri J Swami , a well known social activist from Hyderabad on the efficacy of the Registrar of Societies:
"If seven people form a Taj Mahal owners association, the registrar registers it . That is law."
I request the experts in this panel to think over it and advise me suitably to undo not only the evil design of my society but to make an indelible impression on the kind of things going on while registering a society without bothering to ensure compliance and cancelling the registration when laid down conditions are not followed.
This is true for Team Anna (Which formed IAC to fight corruption ended up amassing crores befooling the people of this country in the name of an a-political movement to form another equally corrupt political party out of that funds. I am sure the Registrar of the concerned Society can definitely order seizure of the accts of the Team Anna and Team Kejriwal as well.This is the larger question.
M V Gupta
(Expert) 11 October 2012
your query has to be examined in the light of AP Coop Act and the bye laws and rules. If I am correct all the bye laws and Act require the EC to maintain propoer account of the money received and spent and get the accounts audited at the end of each year and present the audited accounts to GB for thier approval. Further the Rules framed under the Act provide for the manner in which the election to the EC has to be held. Better consult a local Advocate who is specialisng in the Coop Societies matters and take suitable action. You may also consider joining the other members of Society in ur crusade for better e3ffect.
Guest
(Querist) 11 October 2012
With the insight gained from this panel I have already made my views known to the present EC.Unfortunately incumbents are mostly from the retired armed forces like me and I wished I could refrain them from doing things which are not expected out of us (The ESMs)but people here trying to divide themselves into coterie of a particular linguistic community )discarding the principle of secularism and national integration for which we fought each day in our in-service life.
I know it can be challenged in a court of law with or without the help of an advocate but it will go on and on for years spreading bitterness among the owners of the Flats many of whom still are in service and literally do know what's cooking here.
Could there be any other alternative in which this notice for election be repealed and a fresh order for election be announced during the General Body meeting due on 4 Nov 2012.I would like to ask the present incumbents some of them are my seniors in rank to not to go ahead in such clandestine manner but allow voting by post in a sealed envelop in consultation with the Registrar of the Society or recording consent through mobile messaging etc.
I am not retracting but would at the same time trying to avoid legal proceedings in a court of law where my money and the society's money (My money too) will be wasted both paying up the men in Black.
ajay sethi
(Expert) 11 October 2012
do dodor to door canvassing . if majoirty of members are against the procedure adopted for holding election may be the present incumbents would see reason . if they refuse to scrap the elction process and follow perocedure laid down by the bye laws you have no option but to knock at the doors of the Registrar
Guest
(Querist) 11 October 2012
I have in fact posted verbatim para para 1 to 9 of the Bye laws. It has nothing else other than names and addresses of the seven members as the office bearers.Even in the AP Societies Act 2001 http://www.india.gov.in/allimpfrms/allacts/598.pdf nothing in specific on the procedures to be followed for the election is given.
How do I go about it?
M V Gupta
(Expert) 17 October 2012
See the Rules framed under the Act.
Guest
(Querist) 18 October 2012
Dear Sri Gupta pl tell me how to refer to the rules framed by the Act . I have posted earlier the link for AP Societies Act 2001. Bye laws are very sketchy. Most of the members who formed the Association were not even owners of the Flats . They were either spouses or parents.
I wish that a proper election of the resident owners members be conducted with due regards to Quorum and the Rules framed under the AP Societies Act 2001.
Pl help
M V Gupta
(Expert) 19 October 2012
Any standard law book on AP Coop Societies Act will contain the Rules, notifications etc issued under the Act. You may have to purchase it from the market. Generally the books are awailable near the High Court or the City Civil Court. Rules may not be awailable on the internet. You may apply to the EC to supply to you copy of the bye laws of the Society against cost. The EC is bound to supply the copy. As regards the memebrs who are senior citizens and not taking interest in the afffairs of the Society because of any reason, they may make their Sons or daughters as Associate memebrs and authorise them to represent them at the GB meetings etc. The Associate memebrs can also contest hte elections, thus open the doors of managing the affairs of the Society to gneration next who will certainly bring psotive changes. we have tried this in our Society at Mumbai and find very good results in the general maintenance of the buildings and repairs to theem.
Guest
(Querist) 19 October 2012
Dear Sir
I have with me AP Societies Act 2001 (downloaded)and the Bye Laws framed by the seven members who formed the association on our behalf. I have posted para 1 to 9 of that Bye Laws.
At this moment as per the Bye Laws owners and their spouses are members and eligible to vote.Whether can contest, I am not sure.
Points in issue are :
a)Who should conduct election?
b) Can the present EC change the eligibility conditions on their own?
c) Can somebody (a non-member)selected by the present EC can issue notification on his own and cause change to the eligibility conditions or say allow proxy vote by the non-resident members even if quorum is fulfilled?
d) Can the Registrar of Societies if approached by a member interfere ( Which may result into stalling of the elction for an indefinite period benefiting the present incumbent?
M V Gupta
(Expert) 19 October 2012
The bye laws extracted by you are very sketchy. It is not clear whether these are approved by the Registrar. The bye laws do not contain any provision covering the issues raised by you. I suggest that you should apply to the Registrar to furnish to you certified copy of the Bye laws as approved by him for ur Society. If they are found to be the same as are extracted by you, then the answers for your queries will have to be found in the provisions of the Act and the Rules. Better consult a local lawyer who is dealing in the coop matters.
Guest
(Querist) 23 October 2012
The bye laws are approved by the Ap Registrar of Societies in 2002.No election was held as thetre were hardly any resident owners members. It was being run by an ad hoc committee. Last year election was held for the first time under one Sri Subhas Dasgupta (Anon-member) I was not present.They wish to replicate the same thing probably emboldened.I would like to attend the meeting and bring some order into the proceedings. What should be my approach.I can keep on spending my pension money fighting the issues legally engaging Advocates who is somewhere clueless.
M V Gupta
(Expert) 24 October 2012
God save ur Society from the present situation. You seem to be against a wall. Lot of steps may have to be taken by your Society to adopt the latest model bye laws if any notified by the Registrar. If not notified, a new set of bye laws which are more comprehensive and clear in all respects should be framed by your Society and get approved by the Registrar for adoption in place of the present set of bye laws. I do not think any further help can be extended from this forum. Better treat this thread of queries closed.
Guest
(Querist) 25 October 2012
Thanks . I think I will now approach Team Kejriwal to stage a farce at Ushodaya Apts on 04 Nov to settle the issue. I pasted the chit in the message board :
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
To whomsoever it may concern
This Notice (dated 04 Oct 2012) for Election of office bearers of UAWA registered under AP SOCIETIES ACT (Regn No 1518/2002) is not only illegal but scandalous. If the present EC is keen to conduct a genuine election it must approach Registrar of Societies to nominate a reputed person as per the existing rules. This Sri Subhash somebody to conduct election under the present EC is scandalous and hence is objected to.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
The EC despite the election code of conduct supposedly in vogue is seen tearing the notice pasted by me . They are literally aggressive. I think I need to report the matter to the police to safeguard. This is no more a legal issue. It is a criminal conspiracy issue.So I am closing this thread as resolved.
Law is an ass to the infinity at the ground Zero
Guest
(Querist) 08 November 2012
I have made a written representation to AP District Registrar Ranga Reddy District. I have given a copy of my letter to the President of our society.But it looks like my efforts have gone in vain as election of the office bearers with mere seven owner members attending general body meeting on 4 Nov 2014. I had not attended the meeting as I have already made representation against conducting election by some Non-Member and allowing voting by proxy. What should be my next action?
"returning officer has to be a member of the society . cross check your bye laws duly adopted by the society .
members have to attend the meeting to vote . they cnanot give proxy to anyone to vote on their behalf
send a letter objecting to non member being made a retruning officer and prxies being permitted to vote
M V Gupta
(Expert) 17 November 2012
Appraise the Dy Registrar having jurisdiction over ur Society of the irregularities being committed by the EC and request him to conduct a quick inspection of the affairs of the Society and take necessary action including supersession of the newly elected EC and appoint an administrator. If no action is taken by him, u may approach the Jt. registrar or Registrar of coop Societies for necessary action.
Guest
(Querist) 18 November 2012
There is new notice on the notice board-That the meeting is postponed to 04 Dec as only four owner members attended on 04 Nov. The Present EC is in dissolve state etc etc.I think my letter to Registrar of the AP Societies has its effect.
M V Gupta
(Expert) 19 November 2012
Make sure that u attend the meeting and raise ur objections. If possible try to get some more members attend the meeting so that some new members would be elected to the EC.
Guest
(Querist) 19 November 2012
That's most unlikely as two of the serving officers have been posted out to different stations. They have moved along with their family. Flat is locked.One of the owner the ex-general secy has got a new job at Pune and moved to Pune. One of the very neutral senior citizen and the most academically qualified is on a globe trotting tour sponsored by some foreign university. His flat is also locked.Four other flats are also locked as there was a raid by the GHMC officials to check whether the defence personnel who are exempted from paying house taxes are actually residing.GHMC is proactive now-a-days with YSR Congress widening their base here.
There are now six owners including one who is a local stays in his own house and his flat is rented. But I will attend the meeting this time.
Thanks and regards
