Can same family members contest society elections despite silent bye-laws?
The bye-laws state the following: 1. Membership is confined only to owners of flats, or their parents, spouse, and adult children. 2. The total number of eligible voters will be 250, equal to the number of flats. This means each house will have one vote. 3. A member can contest elections. In case of joint membership, the name appearing first is treated as the “member”. Is this correct? The law also states that one member having multiple flats has only one vote. Can members from the same family (in one flat or multiple flats) contest elections? The bye-laws are silent on this point.
Dear client, if the bylaws do not specifically prohibit it, members from the same family can generally contest society elections and provide each person an eligible member as per the society rules. In joint ownership cases, usually only the first named member gets voting rights, unless the bylaws provide otherwise. Also, one member owning multiple flats normally gets only one vote for the election. I hope this answer your query, for further queries contact us.
If bye-laws say membership is limited to owners or family members and each flat has one vote, then generally one flat = one vote rule will apply, even in joint ownership. Usually, only one person is treated as primary member for voting, but others may participate only if bye-laws allow. Family members from the same flat generally cannot get multiple votes or multiple contest rights for the same property, unless bye-laws or cooperative society rules clearly permit it. In case of ambiguity, the Cooperative Societies Act and Registrar of Societies rules will apply and interpretation can be challenged before the Registrar. For further legal assistance contact us on our helpline number.
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