After freezing the bank account of the Sector 50 RWA, Noida, the sub-divisional magistrate (SDM) of Noida derecognised the resident body saying it had been formed illegally. He further added that fresh elections are to be held within a month.
Right after the RWA’s executive committee elections were held on April 26, 2015, Manish Sisodiya, a resident of the sector, lodged a complaint with the deputy registrar of societies, Meerut. The complaint mentioned how individuals not even staying in the sector were allowed to contest the elections. Besides, though the constitution mentions 14 office bearers, elections were contested for only 13 positions.
The complainant charged Vimal Sharma, former president of the RWA, with misuse of office and power. He also alleged that the elections were unfair.
The deputy registrar forwarded the case to the district magistrate of Noida, who handed it over to the SDM. The accused was then served a notice, in which he was asked to appear for a court hearing.
In his defence, Sharma informed the SDM court that the RWA by-laws had the provision of proxy voting by any authorised person or by a dependant of the member. The reply said that the complainant had not objected to the process and that the provision was discussed and decided in the presence of most members of the RWA. His reply went on to say that it was only after the results were announced that the complainant made his objections before the deputy registrar.
Countering Sharma’s claim, the complainant’s lawyer argued that a fair election cannot be ensured with the provision of authorising someone to cast his vote. He further argued that the voting rights should rest with only those members present at the time of voting.
Upon hearing both the sides, the SDM observed that the RWA by-laws did not provide any provisions for proxy voting. And if any such practice is followed, the election process cannot be termed fair. He thus declared the elections held earlier null and void. He further ordered fresh polls to be conducted within a month from the date of the order.
The SDM also instructed the present RWA that the welfare works carried out by the resident group must not be stopped and should be taken up by individuals or a group of individuals authorised by the present RWA.
