When will Express View Apts hold elections?
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When will Express View Apts hold elections?

Sec 93, Noida: The society has had no proper RWA in place since 2015, and now resident factions are fighting over whether a tenant should be allowed to vote.

When will Express View Apts hold elections?

Express View Apartments in Sector 93, Noida, hasn’t had a management body for almost two years now. Infighting among residents has stalled the formation of an RWA. Consequently, development work in the society has also been held up.

Early in 2015, a resident faction had approached the Allahabad High Court saying that a few residents had declared themselves winners on their own instead of holding proper elections. The RWA was then dissolved by the court and Noida Authority was directed to ensure that fresh elections were held in the society. Satish Kumar, assistant commissioner of co-operative society, Gautam Budh Nagar, was instructed by the Authority to conduct elections in September 2016.

But this has hit another roadblock, as members of two factions differ on their views of granting voting rights to tenants.

Sujeet Kumar Pandey, a resident, citing the court’s judgement in a 2013 case involving the AOA of Olive County, a society in Ghaziabad, argued before the returning officer that a lawful tenant was entitled to vote at a resident body election. He said that the court judgement gave ownership rights to the spouse and children of the flat owner — and to lawful tenants. He added that if a tenant had ownership rights, he could also become an eligible member of the resident body of the society; and if a tenant was a member of such a body, he would also have the right to elect executive members of the management body. He added that since this judgement came from the court, it was applicable to all societies.

Gajendra Kumar, member of the rival camp and interim caretaker of Express View Apartments, claimed that according to the society’s by-laws, only flat owners could be members of the RWA and had the right to vote. He said that the by-laws did not entitle a tenant to vote. He also added that members who had not cleared their maintenance dues could not exercise their right to vote.

When City Spidey spoke to Satish Kumar, he said, “The matter will be sorted soon. Elections will be held according to the society’s by-laws.” He said that he wanted to conduct elections but as the schedule for the state assembly elections had been declared, his staff was occupied with it. He assured that the resident body elections would be conducted shortly.