• 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 6 days ago in Civil Law

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8 Answers

Inform the registrar that no member is willing to stand for elections hence appoint administrator for society 

 

 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

It is necessary that elected MC take charge of society 

 

if members refuse to do so appointment of administrator is only option 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

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.

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

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.

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Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

a. You can approach registrar 

b. No

Mohammed Shahzad
Advocate, Delhi
6267 Answers
64 Consultations

5.0 on 5.0

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