Inform the registrar that no member is willing to stand for elections hence appoint administrator for society
Unable to re-elect Management committee at our residents welfare society
Hi, I am a returning officer appointed by MC to conduct elections for our society. I have called for elections 3 times and sent many reminders but no one is willing to nominate himself. What are my options. a. Can I approach registrar to appoint an administrator? b. Should I call for dissolution of MC? We have outsourced the apartment management to a facility management company. All vendor payments etc are managed by them. we only pay monthly subscription to facility management company. as per our by laws the MC members cannot apply in successive years. Please help
Asked 3 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
Would we be loosing our quality of service when take this this approach. And how long can we continue like this?
Asked 3 years ago
It is necessary that elected MC take charge of society
if members refuse to do so appointment of administrator is only option
Dear Sir,
You are suggested to write to registrar of society all the issues being faced and he will be at his liberty for dissolution of the MC and appointment of administrator. This way will be able to proceed legally and protect your quality of service.
The returning officer can make a report in writing of the situation prevailing, i.e., the situation where nobody filed nomination for any post, hence he may recommend to appoint an administrator before the concerned Registrar.
Dissolution of MC may not be within the powers of the returning officer.
If the situation is not improved or anyone is volunteering to take up the post then it is advisable that a recommendation may be made to appoint an administrator till such time an elected MC body takes up the charges.
Refer the act , rules and bye laws of the law under which it was registered.
In the event of deadlock dissolution of present dispensation and appointment of an administrator.
Dear Sir/Ma'am
A written complaint can be made to the MC addressing the issues regarding the society elections. If nobody is willing to nominate themselves for the elections, it is advisable to suggest the appointment of the administrator to the registrar.
Unfortunately, you don't have the right to dissolve the MC. Only The Chief Welfare Officer, Department of Personnel & Training will have the power to dissolve a Managing Committee and set up an ad-hoc Committee. It is advisable to let the registrar handle the situation, it wouldn't create problems for you and you wouldn't be answerable for anything. As a result, your quality of service wouldn't hamper.
Thank You.
a. You can approach registrar
b. No
