Election Commission Notice dated 06.12.2021 - Clarification required

[Navneet Jhunjhunwala]

To,

The Election Commission, 2021

DCWAOA

A reading of your Notice dated 06.12.2021 shows that all CAM charges, etc must be cleared upto 31.10.2021 by residents if they desire to contest for the position of Board Managers or even Vote at the upcoming elections for the Board.

I would like to draw your attention to Rule 9 of West Bengal Apartment Ownership Bye-laws, 1974 which states as under-

"Disqualifications for being Managers.—(1) Any apartment owner, who fails to pay by the 30th April in any financial year any installment of his contribution towards the common expenses which may have been assessed by the concerned Association in

that financial year, shall not be entitled—
(a) to vote at any election of the Managers of the Board concerned, and
(b) to seek election for the office of the Managers of the Board concerned, till all his arrears are cleared."

A plain reading of the provision shows that-
All residents MUST clear all dues upto 31st March of a FY on or before 30th April.... which means no one can be forced to pay completely before that date nor can his/her rights be infringed upon before the date of April 30th.

In our case.... all residents must have cleared all dues upto 31st March 2021 till now... not October 2021 as has been stated in your above referred notice.

The EC may kindly issue clarification/modification in line with the provisions of the WBAOA Act and the rules made thereunder.

Thanks and regards,

Navneet jhunjhunwala

Tower-5, Flat-5G

Diamond City West

[Rajesh Khandelwal]

Very rightly pointed out. I request election commission members to address the issue at the earliest.

Thanks

Rajesh khandelwal

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[Shree Ram Poddar]

All points addressed by Navneet Jhunjhunwala are valid & pertinent. EC should make their views clear immediately. EC can not go beyond the guidelines / Rules of WBAoA and impose their own rules.

Awaiting the stand of EC.

Regards,

S. R. Poddar

[Rajesh Khandelwal]

Moreover, the EC should generally frame rules in such a way that it encourages voters to vote and participation is by maximum and not the other way around. 

It will be in the interest of all residents if the EC corrects itself at the earliest and clear the confusion .

Thanks

Rajesh khandelwal

On Tue, Dec 7, 2021, 8:05 AM Navneet Jhunjhunwala <navne...@gmail.com> wrote:

[Sundeep Jhunjhunwala]

It seems that decisions are being taken hastily without even looking into the provisions of the AOA.

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