I am Shankar Iyer from Mumbai and residing in a co-operative housing society whose registration number is MUM/MHADB/HSG(TC)/1260/2003-04.
My query is whether I can be called as ‘default member’ if I have no outstanding dues in respect of maintenance/service charges. But the society had considered the penalty amount also, which is disputed, for the purpose of putting my name under the default list and thereby depriving me from the standing for the election and casting my vote?
If the society has done wrong, to whom should I approach to redress the grievance? The election was conducted by the government officers on 15.08.2018. The total members of the society is 86 members.
I C Naik
Let me understand the facts with some assumptions.
You have been inflicted with some Penalty by the society which you have disputed and not paid. The Committee has viewed this non-payment as overdue outstanding and branded you as a defaulter for the purpose of disqualifying you as a “voter to any election” and as such you cannot file nomination as provided under clause (ii) of bye-law No. 118 namely;
- “(ii) he defaults the payment of dues to the Society, with in three months from the date of service of notice in writingserved either by hand delivery or by post (under certificate of posting) demanding the payment of dues.” The Secretary of the society shall bring the cases of defaults in payment of the society’s charges to the notice of the committee for taking further notice of the Committee for taking further necessary action.
One has to recheck if “Non-payment of penalty “ by you enables the Hon. Secretary to include your name in the list of cases of “defaults in payment of the society’s charges “
Here the meaning of the society’s charges is the key.In other words if Penalty amount is a part of it? ” the charges of the Society” are listed exhaustively in bye-law No. 69(a) Items (i) to (xiii). Unless the General Body Meeting has included Penalty under item (xiv) Penalty is not a part of the society’s charges.
So you have been wrongly declared defaulter as explained above. You have a genuine grievance about wrong decision of branding you as defaulter, and denying the right to vote and contest in election. If any one goes through whole of the M C S Act 1960 the M C R 1961 and registered bye-laws of your society he will not find as to how a genuine defaulter is disqualified to vote in elections.
Registered bye-laws 173-174 1nd 175 lay down a grievance settlement procedure. As per this procedure take following steps:
- Submit a complaint application to any of the Office bearers of society, in writing, giving thereby the details of the complaint.
- If you are not satisfied by the decision of the Committee, or do not receive any communication from the Committee , with in 15 days of the date of the next meeting of the Committee ,You may approach the REGISTRAR since settlement of grievance on Defaulter/Disqualified member on the Committee is with in his scope.
If you are not satisfied with his order you file a REVISION Application to Joint Regional Registrar u/s 154 for revision.
Please pursue this immediately as there are time limits.
I can see reelection order in your society if you pursue it sincerely.
