Every housing society has the right to elect its
managing committee every 5 years. If
your society refuses to do so, anyone can lodge a formal complaint.
In case of a dispute or / grievance, anyone
should ideally lodge a complaint with the housing society's managing committee.
The latter needs to respond within 15 days of receiving
complaint. If there is no response, anyone can approach the registrar's office,
which regulates matters pertaining to housing societies, like unfair electoral
practices.
If it is found that the members are indeed
holding positions without having contested the elections, the existing
committee can be dissolved.
In its place, the deputy registrar can appoint an
administrative officer to run the affairs of the society till fresh elections
are conducted, which should take place within 6 months.
Alternatively , a board of administration,
comprising three members of the society , may be appointed.
Another option available to anyone is to approach
the cooperative court against your society or even the registrar. Anyone can
also file a case s with the civil court or / lodge a criminal complaint of
misrepresentation against such members.
In case the unelected member has swindled money ,
a case of fraud, too, can be filed against him/her. This route, however, is
longer & costlier.
The district housing federations, which are
established under the provisions of the Cooperative Housing Societies Act, can
also be approached.
How Should Housing Society Elections Be Held?
Ideally, one must start the election process
nearly 2 months before the end of the existing housing society managing
committee's term. The committee is expected to compile a list of members who
are eligible to vote, which needs to be put up on the notice board 60 days
before the election.
Then, the managing committee has to appoint a
returning officer to oversee the election. The election programme has to be put
up on the notice board and a copy submitted to the registrar.
If the committee is unable to decide on a
returning officer, the registering authority can appoint one.
From ET
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