As per the judgment in Design Arch case, owner of apartment who has no registered sale deed has right to vote. On the same analogy, any lawful tenant having rent/lease agreement registered or unregistered can vote or contest election for any post.
How Tenants can cast there vote behalf of below NOTICE?
Paras Season Apartment Owners Association (Provisional) Formation As agreed on 4th Dec. 2022 Meeting - Please find below the TIMELINE and CRITERIA for filing nomination to be an office bearer in Provisional AOA for registration and other coordination purpose with management TIMELINE: Sr. No. Description Start Date End Date Time Remarks 1. Nomination for the post to be submitted by interested owners (in white sheet hand written, with name, flat no. & post nominating for. This should be duly self-signed & dated) 12.12.2022 21.12.2022 Between 6:00 pm – 9:00 pm ONLY on any date To be submitted personally with four members whose name mentioned at the bottom. (Please ensure that there is no cutting or over writing in the application sheet) 2. With drawl of name, if anyone wants 22.12.2022 25.12.2022 Till 6:00pm on 25.12.2022 To be submitted/informed in writing to the member whom nomination given 3. Names of the final nominee along with the post she/he standing for to be announced On 27.12.2022 or 28.12.2022 By 5:00 pm will be announced on all platforms used to communicate society matters 4. Voting to select provisional AOA members On 08.01.2023 From 10:00am to 2:00pm Through secret ballot 5. Counting of votes On 08.01.2023 From 4:00pm - 5:00pm By 4 members who accepted & checked the nomination 6. Result declaration On 08.01.2023 Around 5:30 pm Same will be communicated on platforms used to communicate society matters CRITERIA & TERMS & CONDITION for filing the nomination: 1. Any person who has “Possession letter” issued by Paras Seasons is eligible to give their nomination for any post, irrespective of the fact whether her/his flat is registered or not (as per Allahabad High Court judgment in case of Design Arch case) 2. The person should be the owner/co-owner of the flat (in case co-owner filling her/his name for any post then NOC required from the owner) 3. Candidates should submit their hand written nomination in a white sheet with their name, flat address and position standing for duly self-signed and dated PLEASE NOTE: NO CUTTING OR OVER WRITING SHOULD BE THERE IN THE SHEET 4. Please mention clearly the post for which filling the nomination 5. Copy of Possession letter for ownership & any govt. issued photo id for name proof to be submitted 6. Votes on 08.01.2023 to be casted in person only 7. ONLY ONE PERSON from each apartment/flat, will be entitled to cast the vote 8. In case of co-owner, the person whose name is first mentioned is entitled to cast vote, until the first owner has given NOC to the co-owner to vote 9. Request all owners to bring their copy of possession letter or registry along with any government issues id in original for name proof on the voting date. Idea is just to maintain transparency in the process and to ensure that only owners are voting / to avoid any proxy voting My we have Majority of Tenants and How they cast thier votes by legal Apartment Laws UP NOida?
Asked 3 years ago in Property Law
Religion: Hindu
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8 Answers
From the above notification it can be noted that the tenants are not given permission to cast their votes.
However Allahabad high court in the judgment in M/a Designarch infrastructure Ltd vs. Chairman, GDA (14.11.2013 ALLHC), has stated that a tenant is considered as an apartment owner for participation in AOA related issues and can participate in the AOA elections both as a voter and a candidate and can become part of board, provided he has entered into a lawful tenancy of more than one year which should survive without a break, the period between the declaration of AGM declaring the election and expiry of the upcoming Board of Management.
A tenant cannot delegate his above rights to any other person.
Only the person in whose name tenancy/lease deed is executed can participate in the election.
The UP apartment Act section 2 (d) & (e), 3(d) and UP Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 are some of relevant law in this context.
Therefore all the eligible lawful tenants can issue a joint notice to the election committee or the Returning Officer for participating in the ensuing election.
If your application is not entertained then you can immediately approach the Registrar of cooperative society with a complaint signed jointly by all aggrieved lawful tenants and seek relief and remedy or can file a suit for injunction to restrain the association from conducting the election without allowing your participation.
Tenants cannot caste their vote in elections to the managing committee of paras season Apartment ownership
only flat owners or these who have been given possession letter by builder paras season can stand for elections or vote in the elections
Tennants cant cast vote on behalf of members
Dear client I am sorry to hear that but a tenant cannot cast their vote in this case
we lost all 5 seats and members seats. what next as per Noida by laws?
Asked 3 years ago
Since you lost the election the candidates who were elected would become office bearers of association
If the elections to the society was conducted as per bylaws, then you have to accept the results with dignity.
If you suspect any malpractice or fraud then with clinching evidence you can challenge the election with the registrar of cooperative societies.
You need to challenge the process on ground of legality