I reside in a society in Mumbai. The Deputy Registrar has appointed a administrator to take over affairs of the society assuming that we do not have members to handle the routine work of our society. This is not the fact as we have enough members to handle it. The Managing committee had written to the registrar as is the current rule to come and conduct an early election as the office bearers were resigning. How do we avoid the registrar taking over ?
Taking management of the society by the registrar appointed administrator is a stop gap measure and hence it must be temporary in time.
So if he carries on his duty without taking any efforts to conduct elections of MC within a reasonable time apply for the same before the regustrar.
If it doesn't resolve the dispute then file writ petition in high court.
Administrator will remain in office for 6 months only
2) since office bearers have resigned as interim measure administrator appointed
3) once fresh election are held newly elected MC will take over running of society affairs
Hi
File for temporary injunction against the putting. Of administrator on the society and conduct elections with the permission of court.
Thank You
The care taker is appointed by the registrar when the differences between the members are grown enough to make the society suffer due to the behaviour of the members.
The registrar have the power to do so and the official care taker will work till the registrar recalls him on the application of the owner members in majority.
In other case residents may go to HIGH COURT and move a writ to stop the appointment of care taker as a mandamus writ.
Firstly we do not have any differences between members , the members beyond 75 years of age have resigned for younger members to enter, they are carrying out the routine work until new members are elected. We do not want the Administrator to come in even for few days. Please note that the Managing committee had written to the Registrar solely to follow the new bye laws. Please advise how do we handle this matter in the most efficient and sure manner ?
In this scenario you should approach the high court under article 227 of the Constitution of India for issuing of writ of prohibition and prevent the society Registrar to interfere in the daily affairs of the society.
1) in case any members of MC ha e resigned new members cannot be appointed as MC members
2) state election authority would conduct election to the MC to fill in the vacancies
3) you should not have mentioned that existing office bearers have resigned
4) file appeal against order of duty registrar appointing administrator
Dear Ajayji, Which court/registrar office should we file the appeal against order of duty registrar appointing administrator ? Will it stay the Administrator entry ?
appeal lies to divisional joint registrar against order of deputy registrar appointing administrator for society
Approach the High Court against this.
In there are no malpractices(in the functioning of the MC) reported to the Registrar, or charges of financial misappropriation etc. against the the MC, the order appointing an administrator is bad.
You have the option of challenging the order passed by the Registrar vide which the Administrator has been adopted in the High Court.
Contact a local lawyer having experience of handling society disputes.
Please file your request with the registrar of society to review the decision if there in no problem in RWA and in other case if no relief from Registrar please move to High Court.
If the registrar is acting by the rules meant for it, you members should organise to show or strength and head counts to agitate the Registrar's move and should take up the matter to the IG registrar by preferring a written representation.
After exhausting the remedy with the top brass, you may plan to approach legally to this.
If the society is not able to manage its affairs owing to the mass resignation of the MC members, the registrar may plan to take over the administration of the society, hence the outgoing members should continue with the responsibilities as care takers till the new team is elected.
This decision should be communicated to the registrar and request to with hold their decision.
Which court/registrar office should we file the appeal against order of duty registrar appointing administrator ? Will it stay the Administrator entry ?
You can approach cooperative court with a petition requesting stay of the decision/order of the registrar in this regard.
As an interim measure the registrar has been appointed since all the officials tendered resignation. The same arrangement will be gone after the fresh elections are conducted.
Regards
Firstly we do not have any differences between members , the members beyond 75 years of age have resigned for younger members to enter, they are carrying out the routine work until new members are elected. We do not want the Administrator to come in even for few days. Please note that the Managing committee had written to the Registrar solely to follow the new bye laws. Please advise how do we handle this matter in the most efficient and sure manner ?
If you do not want the administrator to tale over the affairs of the society then challenge the order of the dpty registrar. Also take note of the fact that election will happen to fill up the vacant position of the MC
Dear Ajayji,
Which court/registrar office should we file the appeal against order of duty registrar appointing administrator ? Will it stay the Administrator entry ?
As per the statute appeal shall be filed before the Joint registrar (Divisional)
Contact a local lawyer
Regards