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SATYA PAL SINGH (Jt Secretary)     13 August 2016

Right to vote

Respected Sir/Madam,

Under the representation of people Act and Constituition, no one who is an adult and is a citizen can be disqualified for his reght to vote except for corrupt practices and offences connected with election.

Can a society, regd with the Registrar, can disqualify a duly registered member for non payment of maintenance charges for more than a certain period ?

Is not it constituition violation of the rights of the member and can the Society frame such Bye Laws ?

Your guidance will be a breakthrough for those who have made the functioning of the Socities a breeding ground of corruption.

Thanks



Learning

 3 Replies

Ms.Usha Kapoor (CEO)     13 August 2016

Yes! The Society's

  If  the Byelaws provide that you can be disqualified from voting and other rights if your maintenance charges have fallen in arrears. Once payment of entire dues are made your disqualification would be removed or cancelled. If you opine that the society is corrupt to the core you can file Criminal complaint or an FIR against  the Managing Commikttee on the ground of corruption..If the police prima facie find some evidence against the Manging committee members such as Prfesident, secretary etc would be arrested/or taken into police custody by the police for  further interrogation. The Police will register FIR and investigate and once investigation is completed a chasrge sheet is filed before the Magistrate. and criminal case number is  allotted to your case. You prosecute the Managing committee members for their corruption if you have strong proof or start collecting/'recording all evidence to prove their corrupt practices..

Kumar Doab (FIN)     13 August 2016

Refer to the Bye Laws.

N.K.Assumi (Advocate)     13 August 2016

Voing is an expression of opinion of members in a given society/body etc. Such right is ubject to the provisions of the Consitution and also Rules, standing orders etc; regulating the procedure of voting. Refer to Lily Thomas(Ms) Advocate Vs Speaker Lok Sabha and Ors.


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