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Housing society election in thane

(Querist) 09 April 2014 This query is : Resolved 
Hi,

After so many arguments and fights our society took a decision on 1st of Feb 2014 to bring new committee and election was schedule on 9th Feb 2014 (as per secretory we can’t have legal election due to stay order by Bombay High Court) All society members decided to use cog system to replace all committee members one by one with the new elected members.

secretory have put notice for election.
1. on 12th Feb 204 collect nomination form for candidate and submit it before 16th Feb 2014 we submitted the form.
2. In 1st week of March secretory put up list of member who have filled the form and asked if someone wants to take their name back.
3. On 23rd March he put up the final list of members for election, female caddied was elected because there was no female opponent and one member removed because corruption case pending in court against him when he was treasury of society.
4. Till date we don’t have clue when is the election


Main part

Secretory don’t stay in our society from last 5 months he don’t answer our calls or meet us. Chairman doesn't speak on this matter he won’t call for meetings. Whenever we speaks about secretory he says he will submit his resignation soon(from December he is submitting his resignation and till date we are still waiting) Society is run by 3 members (Chairman, Secretory and Treasury) they do meeting at their home or take decision on phone for any matter they don’t call Committee member or meeting to take decision. Society members are into internal fights with each other and don’t want to come together to speak against them for their personal gain and internal politics.

Few of us are in problem we have planned our vacation well in advance and due to this election process we are unable to go to our native place because we have filled nomination form. I want to know what can I do in this matter legally and can I send them(all Committee members) legal notice for delaying elections.

ajay sethi (Expert) 09 April 2014
is there stay order from HC ? if so no elections can be held
Raj Kumar Makkad (Expert) 09 April 2014
Make a representation to the registrar and wait for the outcome of the pending litigation.
Anupam Jadhav (Querist) 10 April 2014
Ajay Sir,

Our secretory says it is from the Bombay high court there is no such document available with him and read in news paper that new elections cannot be held before December 2014.

can we replace existing secretory if he resign for personal reason?

http://articles.economictimes.indiatimes.com/2014-02-03/news/46962880_1_housing-society-deputy-registrar-fresh-elections#.U0YgPwFexlU.email
Sudhir Kumar, Advocate (Expert) 10 April 2014
agreed with Mr Makkar
Rajendra K Goyal (Expert) 12 April 2014
Represent the matter to Registrar of societies.


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