POA  holder cannot be part of managing committee 

only flat owner can be elected to MC and be appointed as secretary 

The appointment is not.valid as the father is not member and owner he cannot be same based on GPA.

1. It is a fact hat only the owner of the particular property can become the member of the society and no one else.

2. However the owner can appoint someone as its constituted attorney for the purpose of management of his property.

3. So the GPA holder can represent the actual owner during society meeting but his voting rights would depend on the ye laws of the society if it allows proxy voting.

4. Read the chapter of Agency in the Law of Contract .GPA holder is nothing but an agent of the principal. 

Hi, GPA Holder can represent on behalf of the owner and act of the agent is binding on the Principal. 

2. In criminal liability the person who committed the crime will be prosecuted. 

The owner of the property is the person in whose name the property is registered in the sub registrar office. A person holding a GPA has been held to be not the owner by the supreme court in 2011. Therefore a GPA holder's father cannot be elected to the office as he is neither the owner nor the owners father. 

No criminal liability can be incurred upon the GPA holder and hence where there is no liability there are no rights.

Regards 

Definition of an owner has been clarified by the supreme court in various judgments.

As per the supreme Court judgement sale of property as per gpa is invalid.  Sale deed is essential.  So it is illegal in eyes of law. 

GPA older is an agent and he can not replace ownership pf his master/princnipal. This is elementary thing in law for which asking for supreme decision is like asking for proof that the colour of sky is blue.

You can use Suraj lamps judgement for reference wherein it was held POA is not instrument to transfer.

power of attorney holder is not the owner of property 

he is merely authorised to act on behalf of the principal 

you don’t need judgments on the issue 

It never says gpa holder is not owner it says sale transaction done through gpa is illegal. It's a 2011 SC judgement. 

The SC order of 2011Stating that “a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property”, the top court directed municipal bodies not to register/mutate properties based on these documents. The SC, however, said that genuine transactions carried out through GPA would be valid.

"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under Section 53A of the Transfer of Property Act," the SC said.

Following the order, states banned the registration of properties sold through GPA.

"The court's decision will help to curb the circulation of black money to some extent in the real estate sector, where titles are manipulated. Besides, many property transactions where prices are rounded off will be affected," Navin Raheja of Raheja Developers told Indian Today after the SC verdict.

After imposing a blanket ban on registration of such properties in 2012, the Delhi government allowed registration in favour of spouses, sons, daughters, brothers, sisters and any other relative or person of trust by registered owners.

Appointment is invalid. 

GPA holder cannot be a member of committee except an associate member but can vote and participate in elections but cannot become an office-bearer.

No he can not be appointed. Only the person on whose name the flat has been allotted can be nominated  

You may go through the bye laws of the association in which you will find who can become committee members or office bearers of the association.

Generally the proxies are not permitted to become an office bearer or appointed to such posts. 

t is mandatory for all owners of the apartment to become members of the association. On becoming a member of the association, each apartment owner shall receive a copy of the bye law of the association. 

If the apartment owner is a firm or company, membership of association shall stand in the name of the firm or company and the person authorized by the firm or company shall be entitled to vote and attend meetings on behalf of the company. In case of Joint ownership, the membership of association shall stand in the joint names but the person whose name stands first in the sale deed shall alone be entitled to vote.

First the general meeting of members elects the Managing Committee of the association. Only one member from a family can be a member of the Managing Committee.

Thus a non member or a representative of an apartment owner cannot become an office bearer or the member of the MC.

You can object to this in the next meeting and can also bring this irregularity to the notice of the  cooperative registrar and  get this GPA member removed or to dissolve the association and pass orders for formation of new association with new MC.

There is no necessity for a judgment because the fact and position of law is that the GPA holder is not an owner and he is just an agent .

In case an owner is open to cut you an unbelievable deal by selling his property through a general power of attorney (GPA), an aware home buyer would outright reject the offer. Through an order in 2011, the Supreme Court (SC) held that transferring property title through GPA is not valid.

By giving someone power of attorney (PoA), one gives them the right to carry out certain specific legal and financial businesses on their behalf

Power of attorney is a legal instrument that provides ease of doing business to people who may otherwise not able to do so,

Having understood the legality involved in PoAs, it is now clear to us that is not a valid instrument to transfer property titles.

Supreme court order 2011:

Stating that “a power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property”, the top court directed municipal bodies not to register/mutate properties based on these documents. The SC, however, said that genuine transactions carried out through GPA would be valid.

"Nothing prevents affected parties from getting registered deeds of conveyance to complete their title. The said transactions may also be used to obtain specific performance or to defend possession under Section 53A of the Transfer of Property Act," the SC said.

A judgment of the supreme court in 2011.....suraj lamps and industries v state of haryana.

Regards