Photo: Abid Hussain Barlaskar
Trouble in Aditya Mega City AOA over transfer of voting rights

Posted: Jul 17, 2017     By Abid Hussain Barlaskar

The Apartment Owners Association of Aditya Mega City, a residential society in Indirapuram, is embroiled in a confusion that might lead to a temporary breakdown in the functioning of the resident body. The dispute arose from the disagreement among the AOA members over the transfer of voting rights from a flat's first owner to the co-owner. 

Speaking to City Spidey, Amardeep Singh Viz, an AOA member who had pointed out the issue, said according to the model by laws of the UP Apartment Act, 2010, voting rights of an apartment cannot be changed during the society elections.  He stressed that it can only be changed in case of the first owner's death or the transfer of the apartment's ownership rights. “The entire procedure is illegal and is in violation of the Act,” added Viz.

However, in response to queries of AOA members, a letter issued by Ghaziabad Development Authority (GDA) dated July 5, reads that in case of point ownership of flats, voting rights can be transferred to the co-owner of a flat. Another letter issued by GDA on July 14 mentions that there are no rules for changes in the voting rights of an apartment.

Speaking to City Spidey, VK Sinha, president of the AOA, said the election process had already begun and will be carried forward according to the letter issued by GDA on July 5. Most of the requisites of the election process were completed before the second letter which was received on July 14. “We will proceed with the changes and will also respond to GDA’s letter. As of now, we are not violating any rules. Stopping the election process will unnecessarily jeopardise the situation. Any changes recommended by GDA will be adhered to later,” Sinha added.

However, Viz, who had identified the issue, maintained that he would ensure proper clarification of the issue by the authorities in order to avoid further confusion in the functioning of the AOA. “I will approach the the deputy registrar or even the court to set things right,” Viz added.

Usually, in case complaints reaching the deputy registrar’s office in Meerut, are redirected to the local administration to be sorted out, which take several months to be resolved. During the period, the AOA body is rendered powerless or left with very little power.

TAGS: Aditya Mega City / Indirapuram / UP Apartment Act / 2010 / Election