• How to reach out to Registrar to conduct elections in the society post expiry of AOA Board Tenure

Hello Sir,

In my Society at Noida the term of current AOA Board has completed by 27th April 2024.
I understand as per UP society Bylaws they should've formed an election committee 1 month before the expiry of their tenure & should've called an AGM.

However the current AOA Board members of our society are having malafide intentions & they're building up an environment in society to not let elections to happen.
They're preaching to all residents to allow them to continue further even when their tenure is completed. Due to fear many residents are not vocal but majority want this AOA board need to be changed.

In such condition could you please suggest how we residents of society can reach out to Registrar & based upon which law/clause/act can ask him to appoint his representative & enforce an election for new AOA board in the society ?

Basically what should be written in the application & whom it should be addressed ?
Asked 1 year ago in Property Law
Religion: Hindu

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5 Answers

inform the registrar that term of present managing committee has expired and board is not calling for fresh elections

 

2) request registrar to appoint administrator  for society 

 

3) administrator would call for fresh elections to MC for society  

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

section 35 of UP COOPERATIVE SOCIETIES ACT act 1965 

 

1) Where, in the opinion of the Registrar, the Committee of Management of any co-operative society persistently makes default or is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws of the society or commits any act which is prejudicial to the interest of the society or its members, has failed to conduct the election in accordance with provisions of this Act before the expiry of the term of the Committee of Management or is otherwise not functioning properly, the Registrar after affording the Committee of Management a reasonable opportunity of being heard and obtaining the opinion of the General Body of the society in a general meeting called for the purpose in the manner prescribed may, by order in writing, supersede the Committee of Management ;

 

3)  (3) Where the Registrar has superseded the committee of management under sub-section (1), he may appoint in its place-

(a) a new committee consisting of one or more members of the society, or

(b) an administrator or committee of administrators who need not necessarily be members of the society ;

Provided that if the Committee of Management is superseded under sub-section (1), the Committee of Management shall be reconstituted within three months from the date of supersession after holding the election in accordance with the provisions of this Act.]3

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

The scheduled time coincides with the apartment complex or housing society’s Annual General Meeting. The tenure of a management committee is 5 years. Ideally, elections are to be held on or before the completion of tenure of the preceding management committee. 

Elections tend to be a bone of contention among members of several housing societies. “Often, an election is conducted just once and the same person continues to hold the position for years.

Society members, too, are usually not concerned unless it causes personal inconvenience to them

However, you have the right to elect the managing committee of your housing society every five years. If your society refuses to do so, you can lodge a formal complaint.
If there is no response during this period, you can approach the deputy registrar’s office, which regulates matters pertaining to housing societies. 
After the hearing, if it is found that the members are indeed holding positions without having contested the elections, the existing committee can be dissolved. In its place, the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted, which should take place within six months.




 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Alternatively, a board of administration, comprising three members of the society, may be appointed.

Another option available to you is to approach the cooperative court against your society or even the deputy registrar.

You can also file a case with the civil court or lodge a criminal complaint of misrepresentation against such members.

In case the un elected member has swindled money, a case of fraud, too, can be filed against him. This route, however, is longer and costlier.

 

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

Dear Client,

In Uttar Pradesh, the functioning of Apartment Owners' Associations (AOAs) is governed by the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010.

Given your situation, where the current AOA Board seems reluctant to hold elections despite their term ending, you can take the following steps:

Drafting the Application:

  1. Address the application to the Registrar of Societies, Noida. You can find the contact details and address of the Registrar's office online or through local administrative channels.
  2. In the application, clearly state the issue at hand, including the completion of the tenure of the current AOA Board and their failure to initiate the election process.
  3. Mention that as per the Uttar Pradesh Apartment Act, it is mandatory for the AOA to hold elections within a certain timeframe before the expiry of the current Board's term.
  4. Highlight the malafide intentions of the current AOA Board and their attempts to prevent the democratic process of electing new representatives.
  5. Request the Registrar to intervene by appointing a representative or committee to oversee the election process and ensure that it is conducted fairly and transparently.

Relevant Clauses in the Uttar Pradesh Apartment Act:

The specific clauses you can refer to are Sections 14 and 15 of the Uttar Pradesh Apartment Act, 2010. Section 14 outlines the procedure for the election of the Board of Managers (similar to the AOA Board), including the timing of elections and the composition of the election committee. Section 15 deals with the duties and powers of the Board of Managers, emphasizing the importance of conducting elections in a timely manner and ensuring the democratic functioning of the association.

Once the application is drafted, make multiple copies and ensure they are signed by concerned residents who support the call for new elections. Submit the application to the Registrar's office through the appropriate channels. You may need to follow specific submission procedures outlined by the Registrar's office, so make sure to inquire about this beforehand.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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