The present Board and its irregularities
Rajesh Khandelwal
A Humble try to Raise Awareness about your rights and responsibilities before election date 09.01.2022.
Dear DCWians,
As you all will be slipping into Christmas festive mood, I am again writing to you to make you aware by putting all the facts before you. I have already put before you the copy of reply against my enquiry before the building department under RTI .You will realize that how this board has been committing and doing illegal work on one hand and has tied the residents by the powers given to the board under West Bengal Apartment Ownership Act.
1.
The tenure of the present board has
ended last year in April 2020 but due to Covid inflected lockdown in april
& may, election could not be held but they had to conduct elections as and
when the cause of not holding the elections ceased to exist. But they have
delayed it beyond the permissible limit and without the requisite permission of
neither the Competent Authority nor without the permission of one third of the
residents. In other words, the present Board is not only illegally occupying
the office, they are spending our money without having authority to do it. I am
saying this with full authority and I am attaching the copy of the circular of
the department vide notification no. 27-1 M-2/2020 dated 17.8.2020 and you
yourself can see that how blatantly this Board has been violating the law right
under our nose and still has the desperation to get re-elected bypassing the
general consensus of residents of cooling off of one tenure .
2. The present Board has failed to publish and circulate the audited Accounts before the residents before 31st day of july each year .They have also failed to forward the copy of audited annual financial statement to the Competent Authority before 15th day of August each year. They have not published it on the official Google group even after many reminder by many residents.
3. They are not properly publishing the minutes of all general meetings along with the attendance of the members present in the meetings thereby making a total mockery of the rules and regulations .
4. They are not even considering and following the resolution of cooling off of one tenure passed in the SGM . They are making a mockery of the decision of the residents by filing the nominations for the elections to be held on 9.1.2022. They have illegally tried to not put a resolution by the residents in general meetings.
5. The present board is harassing residents by filing false police cases and serving legal notices on frivolous grounds , which I will be giving you some details later thereby not fulfilling its duty of hearing and dealing with the grievances of the residents. Instead some of the managers of the board has been flexing muscles against the residents and other members of the board has turned a blind eye on the actions of such managers.
6. Some of the Board members are continuously misleading the residents by giving false statements. For example , see this one--
Look , in the screenshot of one of the reply of the present President, Mrs Manoshi Chowdhury, wherein she very conveniently and falsely claims to had discussions with The Competent Authority about the legality of SGM on 31.10.21 . One must know that The Competent Authority is an officer not below the rank of a Deputy Magistrate, authorized by the State Government by notification in the Official Gazette to perform functions of the Competent Authority under the Apartment Ownership Act . She has illegally dragged the name of The Honorable Competent Authority into his statement as President of the Association thus maligning the name and image of The Competent Authority as the honorable Competent Authority gives reply in writing only after a reply is sought and that too not in a day particularly not on a Sunday.
In one of his email, Mr. Deepak Agarwal, removed from the post of President , only about one month before or more, hurriedely , in an email dated19th December writes
WBAOA in its last amendment,has given
authority to extend the tenure if passed in the GB meeting.
Extension of tenure of the present committee has
been decided upon in the GB meeting and hence is completely legal.
Yes,intimating the same to the Competent
authority got missed but under no circumstances it can b termed as illegal.
iIt is totally false and misleading. You yourself can see it the attached pdf file of the circular dated 12.05.2021 where it is clearly mentioned that You cannot withheld the elections more than a fortnight when the cause of not holding the election of Managers ceases to exist and that too with written permission of one third of the members of the Association. Even The Competent Authority was not informed of this as you can see from the reply to my RTI application. The entire board has committed an illegal act . The copy of the notification is attached here. I will be writing more about the conduct of this gentleman with all documents later, who sarcastically has written in his mails as
Request all not to get misguided by the flurry of posts coming in till 9th of Jan 2021.
See the irony of the situation. This man is writing on several what sup groups 24 hours and is discouraging others to write. What does this gentleman thinks of him selves? That he can fool all in DCW by his conduct. This is to make him clear that nobody who are writing have so much time to spend unnecessarily and if they are writing about something than it must be of very important thing and to bring to the notice of the residents the grave irregularities being done under him .
Let us understand the gravity of the situation. If they can bypass the law itself than how can we trust these lawbreakers. Why are they so desperate to get re-elected ? This question should come in everybody mind. Please go through the Notification below and See yourself that how blatantly they have made mockery of the law.
7. A glimpse of the list of residents who will not be able to vote is almost 40 percent approximate. They have not published the list on official Google Group nor has provided the copies to all the candidates till now for the reasons best known to them. They have only displayed tower wise list only on the notice board although the election is not to be held tower wise. This is primarily due to the reason of interest on denting & painting charges being unpaid. On being delving deeper I found that the residents do not even know it . They have neither been served notice of the same nor this issue has been discussed in the general meeting. The illegal board has no authority to deprive a vast number of residents to deprive them of casting their vote on this ground. Let this issue to be taken up by the new Legal Board and the issue to be discussed in The general meeting to be held after the formation of the new Board.
8. Id cards of the members has not been issued since this Board has come into existence. The general meetings has been held in open thereby making it impossible for the members to distinguish between members and non members. We have seen several times that non members have been allowed to even speak by holding the mike thereby depriving the members of raising the resolution . The meetings have been conducted in the most unprofessional manner and against the most important foundation of The Apartment Ownership Act where The final authority of an Association shall vest in the general meeting of the members as clearly written in rule no 4 of chapter 2 of the west Bengal Apartment Ownership Bye-laws,1974 under the heading Powers and functions of an Association.
9. Minutes of the meetings are not circulated and published on the official Google group . I have not even seen a minute book register is carried in general meeting.
10. I have been writing this just to make you aware about the situation and think seriously about the persons who have been running the show since last 10 years when the association was not registered and also after getting registered. What is making them so desperate to continue in controlling the administration of a large complex like ours. They have only spread baseless allegations against me to malign my credibility but has no guts to file legal case against me. I am trying my best to make you understand the reality and vote for only the best candidates fulfilling the criteria of cooling off one tenure in the upcoming election as your verdict will be the final justice.
11. I have also filed a suit against the board members who have been misleading the residents and are occupying the office illegally. I will leave no stone unturned to bring these lawbreakers to the books whether this is by election or by going to courts.
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I will request you to kindly not vote for me either if you consider that I am doing all these hard work for some personal gain and not for making life at DCW dignified , better and strengthening the hands of general residents .
I will continue to work harder even if I could not make you understand your rights .
Happy Christmas to you all.
7
7Tth
