Jeby Patel
Our’s is a registered co-operative Housing Society having 56 flats and 64 members (8 flats are combined, each with 2 share certificates).
The Managing Committee was dismissed by Deputy Registrar on 30.05.2012 U/s. 78 of MCS Act, 1960 for violation UNDER MCS SECTION 73 (1AB) R/W MCS RULE 58A FOR NOT SIGNING M-20 BOND and The Chairman & Secretary were further disqualified for one term under SECTION 75 (5) FOR NOT CALLING AGM in the same order.
Subsequently, the Deputy Registrar appointed an Administrator and appointed Returning Officer to call for election. However, the dissenting members Boycotted the election and only 5 members participated in the election. The election officer followed all the election procedures of about 45 days and announced 5 members who had filed nomination forms as valid and declared them elected as unopposed.
The Dismissed and Disqualified Chairman & Secretary along with members as well as non-members having herd mentality filled election dispute U/s.91 at Co-operative Court.
Is there any court judgments saying that if the members boycott election they loose right to challenge such election or any other judgment which can be of use in favour of these elected members?
I C Naik
THERE IS NOTHING LIKE BOYCOTT IN ELECTIONS FOR TO VOTE OR NOT TO VOTE IS INDIVIDUAL’S FUNDAMENTAL RIGHT. RAISING DISPUTE ABOUT ELECTIONS IS A RIGHT OF MEMBER AND ITS OUTCOME IS BINDING ON ALL MEMBERS.