Cooperative housing society mhada

555 votes

Under the MHADA Act, the society’s election during a pending inquiry can be legally questioned if no stay order was issued. The society’s failure to disclose documents as required under Section 77A further strengthens the case for challenging the election and MHADA’s decision. You can appeal under Section 79, citing the society’s non-compliance with the document disclosure and the fact that the election was held despite an ongoing inquiry, questioning the fairness of the process.

Advocate Rohan Venkatesh Yemul LawRato

538 votes

Well, the Society was habing full rights to conduct Election despite the charges against Society were pending before MHADA Deputy Registrar, considering, charges againt Society were not proved, moreover, it takes years to get the final order from Courts/Tribunals/Registrars, so you mean to say, that, Society would have waited for several years, for a Cleanchit to conduct Elections! If they have done so, meanwhile, which authority would have handled the Society? An external Administrator cannot be appointed for more than 6 months to manage the Society Affairs! Hence, what Society did was lawful as per my opinion, legal knowledge and experience. And now, as MHADA Deputy Registrar passed order in favor of Society, so mere option remains before you is to challenge it before the higher forum, if you are not satisfied.

Advocate Pankaj Bajaj LawRato