• Owners Welfare Association

Dear Learned Freinds, 
We are from a housing complex having 1000 plus flats in Chennai. 

We formed an Association prior to Occupation and decided that the Association will be of 1 year term though the bye laws we decided says the term is of 2 years. 

Once the Association was elected the bylaws were registered under Tamilnadu Societies Act. 

Now as one year is over we have to conduct election to elect new body of office bearers. 

The hitch is the present team called for election when their team term is to expire in one month. 
A election committe was formed with an returning officer.
But the committe has told clearly that as per law election process should start 60 days before and postponed the election asking the present association to go to General Body and get extension for a period of min 60 days and start election process. 

Now the questions are :

1. Since bylaws are already registered and as per the registered bylaw the term is said to be 2 years can the same team can be asked to continue for one more year from expiry date there by no election is needed now. 
2.if the above is not possible how much longer the GBM can extend the present teams term and conduct election. 
3.if any other amendments has to be passed for this. 
4. Should we inform Registrar of societies about conducting election? 

I would appreciate the learned freinds to guide quoting relevant rules of Tamilnadu Societies Act, 
and help us to run smoothly our Association. 

Thanks and Regards, 
Krishnan K V
Chennai
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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11 Answers

1. Yes and this is even in consonance with the bye-laws. The bye-laws will have precedence over the oral agreement to conduct elections every year.

No, amendments because there's already an arrangement in the bye-laws to conduct elections after a term of 2 years.

Informing the Registrar in not mandatory. Post election, the requisite formalities w.r.t. to the formation of the new MC needs to be updated in the Registrar Office.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) no election is needed now as under the bye laws term of committee is 2 years

2)you can call for EGM place issue on agenda of EGM and decision can be taken in EGM whether fresh elections are needed or not

3) let EGM decide the course of action to be followed

4) you must give intimation to registrar that term of MC is to expire on X date .

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Refer the bye laws regarding the tenure of a elected MC and if there is any provision for its extended term.Once the bye laws is formed the association is to be formed as per its terms only and it would work as per its clause a swell.

2.In other words during any conflict between the bye laws and the association rules ti is the bYe laws which alone will prevail.

3. So beyond 2 years it can not be extended unless the bye laws so provides.

4. Yes, you can lodge complaint the registrar to declare the extended MC as not a validly constituted body.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1)The temporary society formed has to be dissolved and new election has to be held as per the bye laws of the society.

2)Call Extraordianry general meeting decide procedure and date of election. Section 28 Tamil Nadu Societies Registration Act

3)if any amendment in relation to society functioning that should be with resolution and the amendment shall be authenticated by the registrar. Pls. Refer section 12 Tamil Nadu Societies Registration Act

4)Also with the written intimation inform the registrar of society about the same.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can inform the registrar of societies to get direction regarding the election of the Managing committee any bye laws cannot be framed Ultra wires to the the societies act and if there is a provision up election after one year then the election can be announced and the register should be informed to appoint the observers and Election Officer incase not elected by the Managing committee nzm can be called in this regard as per the framed by laws are the model bye laws which are in force

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You have stated "We formed an Association prior to Occupation and decided that the Association will be of 1 year term though the bye laws we decided says the term is of 2 years."

2. How did you decide to hold the election in one year when the bye law stipulates to hold election in every 2 years?

3. Where was your such decision that the Association will be for one year was recorded?

4. In the given circumstances, you are supposed to hold the election of your office bearers in every 2 years as per the bye law.

5. To be to the safer side, you can ratify the decision of holding the election for the office bearers of the society in every two years as per the bye laws, by passing a resolution in a general body meeting convened for this special purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Since bye law is registered so it will have precedence oral agreement as such the same team needs to continue for one more year.

2. Call for EGM with an agenda of fresh elections and let the EGM decide whether elections is needed or not.

3. Any amendment has to be carried out it has to be with a resolution and same has to be authenticated by registrar.

4. You are bound to inform registrar of societies about election.

Please go through section 12 and section 28 of Tamilnadu Societies registration Act

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. Since bylaws are already registered and as per the registered bylaw the term is said to be 2 years can the same team can be asked to continue for one more year from expiry date there by no election is needed now.

Ans: It has to be dissolved in general body meeting, it is very good if it is resolved so, unanimously.

2.if the above is not possible how much longer the GBM can extend the present teams term and conduct election.

Ans: One as to look into bye-laws and special clauses may be introduced to meet such situations and such situation may be approved in Extra-Ordinary general body meeting.

3.if any other amendments has to be passed for this.

Ans: If you feel, basing upon above suggestions, you may bring such amendments as may be necessary.

4. Should we inform Registrar of societies about conducting election?

Ans: Yes, certainly.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The relevant provisions in the bye-laws alone shall determine the term of the office-bearers. If the renewal of your society is due every year, you have to apply to the Registrar for the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
1923 Answers
20 Consultations

4.9 on 5.0

1. It is a decision to be taken up in the next general body meeting by the passing a resolution to this effect and the present team may be termed as care taker also till such time new office bearers are elected in the next election.

2. It depends on the decision taken in the next meeting on this by passing a resolution after deliberate discussion.

3. There is no necessity to pass any amendment to the bye laws.

4. You will find the provisions in the bye law itself on this.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If the law permits for the extension then only you can do it. If the law doesn't permit it can't be done through amendment also. Yes registrar has to be informed and presently registrar himself or his representative comes for conducting the election.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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