Sometime in Jan 2016 you had opined to a query on filling up vacancies to Ladies and OBC Categories.
You had opined that unless the society is fully represented, the committee becomes illegal as per Bye Law 112 and has no power to manage its affairs.
Ours is a Society with 144 flats in 3 towers. We have a duly elected committee of 10 Members wherein 3 have very recently resigned. At the time of election the officer insisted that the reserved categories must be kept vacant. Our legal consultant concurs with this version. At the time of election in 2018 I had protested after reading your article but the electoral officer insisted on leaving the seats vacant.
I am wanting to call for elections; however our legal consultant wants us to wait until the new regulation are gazetted. I understand that in the new regulations we ae allowed to hold internal elections w/o reference to the Commissioner’s office.
Could you please clarify once again your earlier position that ever society must be fully represented and how should I conduct elections to fill up OBC seats if we do not have any OBC category of Members.
Incidentally where are you located. Do you have chambers in Pune?
Could you please reply on this email or at least let me know when you post an answer to my query with link to file?
I C Naik
Cooperative Department people are low in understanding law and constitutional provisions and insist on anything they think is right. In any case in such matters do not break your head with them. They have no stake in our housing societies at all but they meddle in to it. As long as there is no corruption do whatever with understanding of other members. Take care of your society interest and do not worry about the law.
