Hi Our Society is registered under KSRA and the current Management Committees tenure is coming to an end. The outgoing President has asked for nominations for next set of MC and as a prerequisite has mentioned that Title Holders as per Sales Deed/GPA holder/Affidavit from Owner can contest election. As per our bye law its clearly mentioned only owners with name in sales deed can become position holders in committee. Now defying that he is also allow9ng GPA holders/Affidavit holders to nominate. Is it allowed for GPA holders to contest elections as per KSRA. (Karnataka Society Registration Act)
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1. No office bearer even if on the basis of majority decision can override the bye laws of the association.
2. Therefore if the bye laws restricts the non owners about the function of the association then the President or the association can not allow GPA holders to participate in the election.
3. So raise complaint with the Competent authority against this decision. Thereafter further action lies in high court.
You need to be member for the same
The answer is No.
If it is being done then challenge it before the Dy.registrar and request him for the appointment of Authorized officer / Administrator who will conduct the enquiry and submit the report to Dy. Registrar of KSRA .
After the report, The Dy.registrar may conduct a fair election in the Society through the authorized officer/administrator and may pass order to form MC as per bylaws and KCS Act .
The owners as per the law are those in whose name the property is registered. Power of attorney holders are not real owners in tge rue sense of the term and hence cannot participate in the elections.
GPA cannot contest elections
only flat owners can contest elections
1. GPA /POA holders are not entitled to contest elections or become Committee members, in anyway without any exceptions, whatsoever.....
2. GPA /POA are issue only for exercising only signatory & execution authority for limited purposes.
3. Note on a lighter note, that a person CANNOT ask his GPA /POA holder to go and marry a girl, based on the POA authority.
only flat owner can stand for election.
its totally depends on society bye laws.
If your bylaws do not allow anyone to contest to the MC posts of the society in the upcoming elections other than the title holder, you can object and protest the election and also inform the registrar about this illegal act of electing a person other than the title holder and request for putting a stop or stay the conduct of elections until and unless the nomination are made by only genuine candidates.
The bylaws is the authority.
No GPA holder or member having only affidavit to represent owner cannot contest the election even if president allows applications from GPA holders/Affidavit holders to nominate.
- No, a GPA holder /affidavit holder cannot contest election of any housing society , even under the KSRA , as only the legal owner is eligible for the same.
- Further, if any house is on loan , then specially bank can file a objection for the same as well.
- You can lodge a complaint before the Registrar.
No, this is violation of bylaws, complaint can be made against them
Yes
Dear Sir/Madam,
You are suggested the said GPA holder/ affidavit holder has not authority to contest election and you are required to complain the things to registrar of the society.
What are the process of amending a bye law as per KSRA 1. Can 10% of members ask for voting for an amendment 2. What steps to be done after voting
Issue of amendment of bye laws has to be placed before AGM
approved by members in AGM by majority vote
amendment in bye laws has to be approved by register
- Issue Notice - Agenda for General Body (GB) Meeting, mentioning the bye law clauses that needs amending /adding.
- In Meeting, "attendee" members may pass a resolution to modify the bye laws, WITH MINIMUM 51% majority vote
- AFTER above requisition Registrar /Authority to register the amended clauses of the bye laws, based on the GB passed resolution.
2/3 members of KSRA are required to convene Special General Body meeting for the change in the bye laws of the Society for the amendment in election process and eligibility for the voting.
simple majority while resolutions or amendment require more than 51% Majority
You will require majority for amendment otherwise a clause from model bye laws can also be adopted
Dear Sir/Madam,
You are suggested that even if the members are willing to change the bye laws, you are required to make complaint of the that to registrar of society and then file the WRIT in the High Court, if things are not solved.
1. A resolution passed by majority members to amend the bylaws is essential.
2. A resolution passed by majority members in the meeting is the step to be taken.
1. No
2. Registration of proceedings
Yes they can ask for voting for amendment but votes needed in favour of amendment is 2/3 of total votes.
Yes the byelaws can be amended if the majority are in favour of it.