• Elections for housing society

In hyderabad the present committee is refusing elections and self nominating committee members 
When residents demanding for elections they are doing their own way 
after that individually going to houses to get signatures saying it's unanimously elected committee 
Please suggest what to do
Asked 1 month ago in Constitutional Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

This is matter to be decided by Cooperative Court if the society is registered. Issue Lawyer's notice to the Secretary and Registrar of Societies and then file a case in Cooperative Court of the District. You will get relief there.

Ravi Shinde
Advocate, Hyderabad
797 Answers
7 Consultations

5.0 on 5.0

File complaint against society before register cooperative housing society 

 

elections have to be held as per procedure prescribed by bye laws adopted by society 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

1. Let the majority of the members convene a general meeting.

 

2. Pass resolution in the said meeting fixing the date of election  of committee members and start the election procedure as per the bye laws of the Society.

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

Unless and until all the members/voters agree for unanimously keeping, the elections will take place.

 

But then also, all the procedures of election has to be followed and if there is any other person willing to contest in the election then the election is must and the current committee has no legal right to continue on their respective positions.

 

We can approach this situation in several ways where it can be resolved in a straightforward manner. Do not hesitate for further information or guidance through consultancy, happy to help.

Jitendra Singh Jodha
Advocate, Hanumangarh
4 Answers

Not rated

You can demand the association to conduct elections by giving a letter to this effect signed by members of the association  to the society, if they do not respond then you can approach the registrar of cooperative societies for this purpose. and get your grievances redressed or approach cooperative court with an application for injunction against the  association management committee members for retraining their indulgence in such illegal activities. 

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

This kind of action can be challenged before the registrar society.

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

Dear Sir/Maam,

1)The society is bound to conduct elections in the manner specified in the bye- laws to the office of the members of the Committee before the expiry of the term

2) You should you should ideally lodge a complaint with the managing committee. The latter needs to respond within 15 days of receiving your complaint.

3)If there is no response you can approach the registrar’s office, which regulates matters pertaining to housing societies, the registrar will issue a show cause notice to the society.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

 

Anik Miu
Advocate, Bangalore
1125 Answers
10 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer