If you are against the same then you can file a complaint to dy registrar or move to court for injunction for the same. If it's already established you can still file for removal. But it's the case of faith and cause communal disharmony
Is establishment of one faith religious idol in multi faith residential apartment legal?
The management committee of apartment (900 plus multi faith residents) was trying to establish religious idol of on one particular faith within premises. When objected by residents who were against the establishment of religious symbol of one particular faith in multi faith residential apartment, the management committee called for voting and since majority of residents belong to the same faith, the result came as expected in the favor of management committee. Now referring to out come of voting management committee is establishing the idol. My question is: 1) Is establishment of religious symbol of one particular faith in multi faith residential apartment legal? 2) Is voting for getting approval for establishing religious symbol of one particular faith is valid since majority belong to same religious faith?
Asked 6 years ago in Constitutional Law
14 Answers
Can a legal action be taken against management committee of apartment?
Asked 6 years ago
Yes you can.
It is for the AGM to decide whether to maintain a religious idol of particular religion in the complex
2) if majority have agreed idol can be installed in the complex
MC has no powers to install idol in the complex
it should have been done with approval of AGM only
you can complain to registrar against MC
Dear Sir,
Your concern is laudable. Your questions are answered as follows.
- Is establishment of religious symbol of one particular faith in multi faith residential apartment legal?
Ans: Parallel to that residents of different faith may also insist for similar idol of their religion. This ends the matter, if the committee or management rejects then the aggrieved has a cause of action to approach the Court and win the case. India being a Secular State such options are there, in my personal view.
- Is voting for getting approval for establishing religious symbol of one particular faith is valid since majority belong to same religious faith?
Ans: Irrespective result of voting, other religion people can get install their own idol.
. Can a legal action be taken against management committee of apartment?
Ans: The aggrieved can take as above not otherwise.
1. If it hurts religious sentiments then it is illegal
2. That is not right
Yes, you may approach the civil court and file a suit for injunction
However, if there is an arbitration clause in the rules of society for the resolution of the dispute then in that case arbitrator will have to be appointed.
Regards
Establishing a deity isn't wrong but should not be at the cost of people belonging to other faiths. you shouldn't stop them from practicing their faith but try to establish a place for your faith too.
In this way all can be accommodated.
Regards
1. Why should the followers of one faith object to the installation of an idol of another faith? Nobody is stopping the objectors to install the idol of their faith in the premises. They have remedies before the court only and only if the management stops them from installing the idol of their faith, but they have no right to object to the installation of an idol of a deity of another faith.
2. No voting is required to install the idol.
3. If the apartment is multi faith then followers of every faith have the right to practice their faith, which also includes the right to install the idol of their deities.
1. the idol can be installed provided those against it are not saddled with any monetary outgoings for the same in their maintenance bill
2. this is not a swimming pool or some club house where all members are liable to pay for its maintenance regardless of any member/s not using these facilities
3. the installation of an idol is a majority decision taken by people of the faith who follow the idol, has been thrust on the minority
4. also no particular space of society premises should be allotted [like a hall or room] for installation of such idol. It can be installed in an open space
5. further outsiders must not be allowed and there should be no use of loudspeakers or other instruments for making offerings to the idol, which would tend to disturb the other people
6. if above is not considered then you can certainly move the district registrar of co-operative societies for necessary directions to MC of society
Firstly you have to file complaint with the secretary of society , forward the copy to Registrar of societies, If needed file dispute in Co operative Court against society.
1. The management committee cannot install the single faith idol for worship of one particular sect especially when there is an objection from the minority sector of the members.
Sometimes passing a resolution which is against the human rights in a general meeting to amend the bye laws is not acceptable especially when it affects the sentiments of people belonging to other religious faiths and reside in the same complex.
The aggrieved parties may approach court with a suit for injunction restraining the management committee from committing such acts.
Yes, you can proceed with an injunction suit after exhausting the remedy from management committee by issuing a legal notice.
Dear
- If the installation of Idol of one faith hurts centiments of other religion then it can be illegal and not otherwise but after voting they can install the Idol and it will be legal.
- Yes voting is valid.
- Yes you can complaint against Managing committee of society to registrar of societies.
