Ever since the announcement of fresh elections to the Resident Welfare Association of Parasvnath Exotica, a condominium on the Golf Course Road in sector 53 Dwarka, the eligibility to partake in the upcoming elections have become a topic for discussion.
The issue came into light when a resident, Yash Handa was denied to cast his vote, after which he filed a petition under section 39(4) of HRSS Act on March 15 with the district registrar of firms and society, seeking inclusion of his name in the list of eligible members cast vote and to contest in the elections for governing body of the Exotica Condominium Owners Association (ECOA).
On Friday, the district registrar issued an order to the management of ECOA and directed them to enroll Handa's name as the member of association before conducting the election.
But Handa claims that the ECOA is defying the registrar's order. "I received an order on my petition directing my enrolment as a voting member. But when I approached the ECOA to assist me with the procedure, the Returning Officer D.P Ahuja informed me that he was not authorised to add my name. Only the Secretary or Treasurer of ECOA is authorised to do so, said Handa.
He further added the ECOA Treasurer, Rohit Mangla, denied to give him his share certificate and a stay order over the registrar's decision, as they claimed that they would challenge the decision. "When I asked for my share certificate, which I had already paid for, Mangla denied and said they would soon be filing an appeal against the decision. He even abused me when I asked for a stay order after they made their claim and a document stating their denial to issue the receipt of share certificate, said Handa. This is the second time the ECOA is defying a court order, added Handa.
Parasvnath Exotica has as many as 780 apartments out of which 400 flat owners have Occupation Certificate (OC), while other 200 people are staying without Ocs. Meanwhile, as many as 110 people are still waiting for possession. Residents claimed, despite paying a requisite fee between Rs 2.5 lakh-3 lakh, 300 residents have been barred to participate in the upcoming elections.
Another resident Anuj Srivastav said, "As the resident of the society and owner of the apartment, it is our fundamental right to vote. No one can deny us that. We have an electricity connection and are regularly paying our maintenance charge. An OC cannot be the only criteria to become a member of the association. Delay in issuing OC is the developer's fault, not ours, why they are punishing us by denying our right."
Meanwhile, the representative of ECOA claimed that they are seeking clarification on the order and will challenge the decision if found any unjust.
The senior functionary in the RWA said, "The only people allowed to vote must have the signed title deed with the developer and OC for the apartments. Since the OC of the five towers is yet to be issued, the aggrieved residents cannot participate in the elections. They are paying their maintenance to a third party, not the ECOA. There are many factual errors presented before to the registrar office and we are looking into it and will decide accordingly."
The ECOA elections are going to be held on August 12.