• Index 2 for election name

Hello
There are elections in our society for commity. However they say that name has to be in the index2 sale deed. Being wife of the owner my name is not in the index 2 but I want to stand for the election. Can I stand...also as a lady candidate can I give mynomination.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

The owners of property can stand in the election as they have a direct stake in the welfare of the society. If that is the rule then you can't stand in the election.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Refer to the bye laws of the society to find out the eligibility of the candidates to be standing in election.

2. If the flat owner is the eligible candidate then his spouse can not stand as electoral candidate .

3. However the bye laws can not override the co operative society act and hence refer to your local act to find out if the spouse of the flat owner is eligible candidate or not and if yes then you can file your nomination and otherwise not.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

They are right but if you wants to contest the election of the society then apply for the membership first of the society and get it, then file your nomination papers.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

No. You don't have any​right to stand for election

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Yes....if such a clause exists then then you can go ahead with the elections.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since member is your husband you cannot stand in the election.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can be member that is deemed but cannot stand in election.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you cannot stand for election of manging committee as you are not co owner of flat 

 

If you were co owner of flat you can with your husband consent stand for election to MC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your husband can authorise you to stand for election if you are joint owner of flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No


No. The voting rights of a member of a housing society are non-transferable. You cannot vote as a proxy of your husband

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Authority to vote is not transferable.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Only member can be eligible for election. If you are a member then no need for the said index 2 entry in sake deed.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Only owner or cowner can stand for society election. 

It is not possible to stand for election without being a owner of a flat. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1.  You can try filing the Associate membership form with Rs. 100/- fee.  Form available in the bye-laws of the Society.

2.  The Society committee would have to approve the same and record in the Society registers.

3.  IF the above is accepted, THEN you can contest & vote at elections by filing bye-law Form no. 10A.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You are just the wife of owner hence you cannot be considered as a member of the society.

Therefore the association may not accept your candidature for the ensuing election.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Certain rights enjoyed exclusively by your husband as a member of the society cannot be delegated to you even though you are his wife.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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