The move came after a group of residents approached Deputy Commissioner and District Registrar of societies and firms against the management of the society for undemocratic election and misappropriation of public fund. Thereafter, the district registrar approached the SDM to conduct an inquiry under section 54, HRRS Act 2012.
During the inquiry, several show cause notices were served to the office of the association and the management was directed to appear and submit the documents and records. However, the FIR stated that the management failed to submit any document within the stipulated time even after repeated requests.
The report said that the first election for the governing body of PVRCA was held on May 19, 2013 for a 3 year term. Out of 138 registered members, 102 members voted. Thereafter the election was approved by the District Registrar.
On May 11, 2014 special GBM was called to appoint an ad-hoc committee to work for the betterment of the association. However, the body appointed itself as the governing body of PVRCA without holding any elections. Their tenure was shown to end on May 10, 2017.
The residents complained that the new governing body was appointed without following any due process as per HRRS Act 2012 and laws of the associations.
The previous governing body had filed two complaints to the office of the District Registrar, Firms Societies, Gurugram. They filed their first complaint on May 7, 2014, while the second complaint was made on June 6, 2014. However, no action has been taken by the office of the District Registrar till now.
The residents alleged that the office of the association was illegally occupied by using unfair and illegal means with the approval of the governing body as per the HRRS Act 2012.
As per the records of the District Registrar and the submission made by the complainant, the provisions of the elections were not followed as per the HRRS Act/Rules 2012. No registered membership list was ever updated and displayed on the notice board by the governing body as specified under section39, HRRS Act / Rules 2012. No member of the society had taken part in 2017 elections as no registered membership list was displayed.
"In 2013, the total number of general body members were 138 as per records of the District Registrar, however in the financial year 2015-16, 2016-17 and 2017-18 only 116 members were shown in the audit reports. It is evident that the governing body removed some members from the general body," the report said.
So far GBM, AGBM and SGBM of the association have neither approved nor changed security, maintenance, manpower agencies which is a serious violation of the HRRS Act 2012.
The residents alleged that the agencies were appointed to provide the services without following the tendering process and the contracts were awarded to the agencies which were owned by the relatives and the close business associates having common business interests in other companies of the current management body.
SC Kumar, President, PVR RWA said, "The observation was made on ex parte basis and we have already challenged the authority of the inquiry in the district court. An independent audit has already been conducted after the order of state registrar."