letter to Ec for cancellation of nominations of present Board Members
Rajesh Khandelwal
To,
The Election Commission,
Diamond City West Apartment Owners Association,
Reg . no. 26A of 2017 under Apartment Ownership Act,1972
Sir,
With reference to your letter dated 21.11.2021 under the heading Election Notice from DCWAOA election Commission -2021 by which you have announced election of the DCWAOA Board Managers 2021on 09.01.2022 . I would like to bring to your kind notice about some serious issues discovered purely on legal grounds with the sole objective of trying to save the next committee from litigation and smooth running of the Association and administration of DCW.
The present Board is occupying office illegally as its term ended in April last year on the pretext of a resolution passed in general meeting that mandates the Board to continue till the pending development work is completed. There is no such rule under Apartment ownership Act where the Board can continue without election. There is a provision only to continue in case of natural calamities or force majeure or any other disaster like Corona Virus Disease ( Covid-19) where the Board is required to pass a resolution through circulation among all the members of the Association for continuance of the existing Board for a further period of time till such circumstance exists and shall hold the election within a fortnight when such circumstance cease to exist. .Such resolution through circulation shall be treated as passed only when at least one third of the members of the Association agree in writing on such resolution. It is clearly written in clause 4 sub clause 3 in chapter 2 of west Bengal Apartment Ownership Bye-laws,1974 vide notification no.1505-Hiv dated 23.11.1974 and ratified in the latest circular dated 12.05.2021. i am attaching the pdf file for your reference of the Act.
So it is very clearly evident that neither the Board has its term extended by passing a resolution only due to Covid which can be the only condition of continuance without election with consent of one third of the members in writing nor it has got permission from The Competent Authority as can be seen from the reply to my letter to seek information under RTI dated 16.06.2021 and the reply from department by letter dated 25.10.2021.
Moreover , the present Board members are not adhering to the resolution of cooling off of one term in the general meeting held on 31.10.2021 and subsequently on 7.11.2021 . They have instead filed nominations for re-election which should not have been done in the first place there by mocking the resolution passed in general meeting by the residents where as it is clearly mentioned in rule 4 clause 1 of chapter 2 that the final authority of an Association shall vest in the general meeting of the members , which shall administer the property concerned in accordance with the Act and the bye-laws and exercise general supervision over the affairs and business of the Association and , in particular , over the activities of the Board.
It is crystal clear that The Board has grossly violated the rules and regulations under Apartment ownership Act and therefore no member of the present board shall be allowed to be in the next Board to keep it litigation free .
It is your responsibility now to take a call of debarring and restricting all the members from the present Board to get re-elected by canceling their nominations , so that the election can be held among balance contesting members or by inviting other residents as you deem fit and save the future Board from any litigation and smooth functioning of the Association.
I hope that you understand the gravity of questions raised and take a historical step in the interest of the residents of DCW. I now leave it to your collective wisdom.
I am doing my duty as a well wisher and resident of DCW to make aware the residents and hope that better sense prevails .
Please find all the relevant files attached herewith
