Not a resident yet a MC member!

Upendra M Gaitonde

Can a member not having flat in a Society be eligible to become a Committee member?

A certain member – by virtue of holding shares in the Society and hence a member – not having a flat on the Society since decades become a member of the Managing Committee?

This member having subscribed to the share capital, representing that he is having a letter of allotment has been a Committee member since last 12 years. Since nobody in general is keen to contest for elections, he files his nomination papers and is “deemed” to be elected in the absence of formal elections.

This farce has been going on for the last 12 -14 years!

Kindly advice if he is eligible to be on the Managing Committee or he ought to be expelled?

Further, kindly enlighten if he / she is qualified to be a Society member in the first place

I C Naik

Having purchased a flat a buyer applies for membership submitting a copy of the flat purchased agreement. it is after this a member can be admitted to membership. a non-member is not a voter to election to committee. A person not eligible to vote is ineligible to contest election. A person not elected to committee is ineligible to contest election for occupying an office. She can be prosecuted under IPC for perjury as her offence is none less than perjury (lying on oath).

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