Query from Mohd Farook

I am from Mumbai, Santacruz East, New Aasra CHS LTD. My flat is in the name of my wife. My name is the second name mentioned in the agreement and share certificate. First time the society was formed I was made Treasurer. The chairman wanted to rule the society like Hitler and thus I gave my resignation.

After some time he had a fight with the committee and he also resigned. Later he started harassing committee by filing complaints. A registrar was appointed and after one year again the same old man became the chairman again.

He does not stay and has put his flat on rent. Has he the right to become the committee member or occupy the post as a chairman when he is no longer a resident?

I C Naik

Why should some body file a PIL? How can a Housing Society matter become a PUBLIC  INTEREST  LITIGATION  matter?

Every member has a right to contest election to Committee. It is for the voter members to decide if they want a non-resident member to become chairman. If they decide in his favour no court can refuse to accept members’ democratic decision.

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