How Windsor Park, I'puram, finally got its own AOA after four years
Windsor Park, a society in Indirapuram, finally has a new AOA after four years of turmoil. The election was conducted from 10 am to 4 pm in the society clubhouse on September 18 under the watch of election officer Atul Kumar, the sub-divisional magistrate of Ghaziabad. According to residents, the last election for the executive members of the resident body was held in 2011.
A total of 23 nominations were filed for 10 positions of AOA board members. Ashok Kumar Bansal, Satish Kumar Chhabra, Naveen Gera, Patanjali Shukla, Suresh Wadhwa, Vishal Sharma, Saurabh Goyal, Viplav Sharma, Vipin Maheshwari and Rina Pattanaik secured positions in the body after the results were declared on the same day. At a board meeting on Sunday night, Vishal Sharma was elected the president; Viplav Sharma the vice-president; Patanjali Shukla the general secretary; and Suresh Wadhwa the treasurer, while the rest of the members secured positions in the executive committee of the AOA.
City Spidey discussed the delay of more than four years and the involvement of the district administration in the elections with SK Paul, president of the previous resident body. He said the society had been conducting elections systematically from 2007 to 2011, maintaining a policy of one vote per flat. He said problems cropped up with the advent of the UP Apartment Act, 2010, when the society adopted the model by-laws of the Act documented in 2011.
"According to the by-laws, the votes per flat of the society depended on the size of the flats, the ratio for which was to be delineated in the Deed Of Declaration [DOD] provided by the developer," explained Paul. "The problem was that our society did not have a DOD. However, after several notices from Ghaziabad Development Authority [GDA] over a period of three years, Assotech Limited, the builder, finally provided a DOD in 2015. However, the DOD failed to mention a proper ratio of votes, as a result of which electons could not be conducted."
They had to approach Allahabad High Court to direct GDA to ensure a proper DOD was provided by the builder. The court had ordered the GDA vice-chairman to take necessary action on the issue.
Some residents also approached the Deputy Registrar (Meerut) with a complaint, claiming that the term period of the body headed by Paul was already overdue. In response, the Deputy Registrar deemed the body invalid.
Residents had no option but to challenge the Deputy Registrar's decision in court. The Deputy Registrar's order was bypassed on May 11 and GDA was directed to provide the necessary vote ratios and conduct elections based on them. This was followed by the formation of a voter list of eligible voters. The District Magistrate appointed Atul Kumar, Sub-Divisional Magistrate, as the election officer.
However, SK Paul, also a Supreme Court lawyer, maintains that the DOD provided is only a namesake. It serves the purpose of votes and elections but still requires a lot of clarifications on issues such as common areas and facilities, and independent areas.