Rwa/aoa forcing election with open ballot

Querist : Anonymous (Querist) 14 October 2020 This query is : Resolved
In UP GNoida my RWA/AoA is forcing elections on resident asking them to vote by means of Open Ballot. There is nothing in the bye-laws specifying anything about the system of voting with regards to the kind of ballot i.e. open or secret ballot.

It's the first election of the RWA/AoA.

Any state or central law or applicable court judgement to prevent this and enforce secret ballot voting? In the alternate should I complain to the registrar of societies?

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Isaac Gabriel (Expert) 14 October 2020
The mode of election ie.either by ballot or head counting or by electronic mode is the prerogative of the Governing body.If at all you want to stop, you can file objection to the Registrar.

Rajendra K Goyal (Expert) 14 October 2020
If you have objection to the proposal, move to Registrar.

kavksatyanarayana (Expert) 14 October 2020
Complain to the Registrar concerned.

Dr J C Vashista (Expert) 15 October 2020
MoA and AoA are required to be perused for that it would be advisable to consult and engage a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.

P. Venu (Expert) 15 October 2020
Open voting is permissible if everyone agrees. However, even if a single voter demands, it should be a secret ballot. That is the ordinary law.

Hence, those who are not agreeable to open ballot can give their objection in writing and bring matters on record.

Rajendra K Goyal (Expert) 19 October 2020
If the bye laws have no provision for open voting you must challenge the proposal.

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