To,
04 July 2011
O/o Commissioner of Industries
Government of NCT of Delhi
Udyog Sadan, 419, FIE
Patparganj Indl Area
Delhi
Subject – Complaint against irregularities
in Election of Executive Committee of Pragati Apartments Residents Welfare
Association (PARWA), Registration No. 28337
Sir,
I am a resident of Pragati Apartments and a
member of its Residents Welfare Association (PARWA), registration number 28337.
Recently RWA conducted elections of its Executive Committee (EC). There have
been many irregularities in this election and many provisions of RWA bye-laws were
violated. Election Officer (EO) has conspired with outgoing President and
General Secretary to ensure their unopposed re-election.
I had filed nomination for the post of
President. To ensure that outgoing President, Mr R K Chadha is elected
unopposed, the Election Officer (EO) illegally rejected my nomination.
I have raised various objections before and
after my nomination was rejected, but the EO in connivance with outgoing
President, Mr R K Chadha and General Secretary, Mr A N Malik, had ignored my
objections and went ahead with announcement of election results thereby
installing an illegal executive Committee.
Some of the irregularities are:
a)
Elections have been conducted
under Modified Bye-Laws, whereas the modifications to bye-laws have not yet
been approved by the competent authority under Societies Registration Act,
1960.
b)
Outgoing EC appointed Dr V P
Aggarwal as Chief Election Officer, who issued a circular on 10.04.2011 (copy
enclosed) informing the election programme. The EO himself did not
follow/ensure compliance to many provisions of this circular.
c)
RWA bye-laws provides for a
single member body (one Election Officer) to conduct election, and for this
purpose outgoing EC or General Body (GB) appoints an Election Officer, but EC
in connivance with EO, converted it into
a multi-member body consisting of a Chief Election Officer and two Election
Officers. I registered my objection with
EO orally. When he ignored my objection, I sent him a letter dated on
26.04.2011 (copy enclosed).
d)
In my letter to EO dated
26.04.2011, I also objected to his having meeting, in the time slot reserved
for filing nominations, with two contestants, Mr R K Chadha and Mr A N Malik,
outgoing President and General Secretary, along with some of their supporters. At
least one member had to file his nomination in their presence.
Both Mr Chadha
and MR Malik kept commenting about nominations being filed. Another resident
went to file his nomination but when he saw these people sitting there he
returned without filing the
nomination. EO had kept nominations confidential
from other contestants but made all this
information available to Mr Chadha and
Mr Malik. By doing so, EO has violated the principle of
natural justice and
compromised his credibility and fairness of election process.
e)
After the date of filing
nominations was over, list of residents who have filed their nominations was
not displayed by EO. This information was also available to Mr Chadha and Mr
Malik but not to other contestants. Mr Malik was seen forcing one contestant
for the post of General Secretary to withdraw his nomination. This candidate
finally withdrew his nomination and Mr Malik was elected unopposed. By making
the information available to Mr Chadha and Mr Malik, EO has violated the
principle of natural justice and compromised his credibility and fairness of
election process.
f)
In his circular dated
10.04.2011, Election Officer has stated that the list of eligible residents who
can vote and contest shall be displayed by the Executive Committee of PARWA at
its office by 20.04.2011 (Para A-3 of the circular). This was again repeated by
him by marking a copy of the circular to President, General Secretary and all
EC members requesting them to display the list by 20.04.2011. This list was
never displayed. When I brought it to the notice of EO, he said that it was not
his job and he can not force EC to display the list. Non-display of this list
vitiated the election process as it remained no more just, fair and impartial
election. Two contestants, Mr Chadha and Mr Malik had this information but other contestants
were denied this information willfully under a conspiracy hatched by these two contestants
with EO for rejecting nomination2s of some contestants and thereby ensuring
their election unopposed.
g)
EO had told me and some other
residents that he had not read the Bye-laws. As he was totally ignorant about
the bye-laws, he took advice from Mr Chadha and Mr Malik on issues to be
decided by him as EO. He had taken all the decisions without applying his mind.
This makes all his decisions illegal. He has failed to conduct the election in
a just, fair and impartial manner.
h)
EO had only displayed the list
of candidates whose nominations have been accepted by him in late evening of
24.04.2011. He did not mention the names of those candidates whose nominations
were not accepted by him and the reasons thereof. The residents till date do
not know who filed their nominations, whose nominations were rejected and what
were the reasons of rejection. Even those who filed nominations do not know why
their nominations were rejected.
i)
On my representation EO gave reference
to some provision of bye-laws which was totally irrelevant for rejecting my
nomination for the post of President. He had wrongly rejected my nomination. He
did not elaborate as to how that bye-law was applicable in my case. Also as he
had confessed that he was not aware of bye-laws how could he take a decision to
reject my nomination in view of some irrelevant provision of bye-laws? It is
natural that he has rejected my nomination under the advice of Mr Chadha who
was an interested person.
j) Outgoing President and General
Secretary were again the contestants for these posts. There was a
clear
conflict of interest. They had important information with them which other
contestant did not
have. They were interacting with EO and advising him. EO was
working under their advice . EO
also kept everything confidential from other
contestants. All this has made this election a farce.
k)
It is also not known whether EO
or PARWA EC had informed the competent authority under the Act about this
election.
l)
No member was elected as
representative of three blocks. The new illegal EC had nominated three
residents of their liking as Block Representatives (BR) for these blocks. As to
my knowledge, there is no provision of nominating BR in bye-laws.
m)
After displaying the list of
nominations accepted by him, EO had gone out of station. Residents who had
filed their nominations but did not find their names in this list could not ask
or discuss it with EO as he was not available. EO should have been present in
station for conducting election, and if had some programme for going out then
he should not have accepted the job of EO. Also he did not inform any resident
except Mr Chadha and Mr Malik that he will not be available during certain
period. Mr Chadha and Mr Malik had by proxy become EO.
n)
In absence of EO, I had
submitted a representation to outgoing EC for re-consideration of appointing Dr
V P Aggarwal as EO, as he had failed to ensure a just, fair and free election
(Copy enclosed). I had requested that an emergency meeting of EC should be
called to discuss this issue. I also requested that I should be invited to this
meeting so that I can present my case in person. But Mr Chadha and Mr Malik
ignored my representation as the EO had already ensured that they will be
elected unopposed. All this has made this election a farce.
I request that
in view of the above and many other issues, the competent authority should
order an investigation into the above irregularities in recently concluded
election of PARWA EC. If the competent authority feels that irregularities have
been done then this election of PARWA EC should be declared null & void.
After that, the the competent authority may order fresh election under the
supervision of an officer from his office. It is necessary to ensure that PARWA EC
elections are done in just, fair and impartial manner.
Thanking you and
with regards,
(S C Gupta)
Flat No. 315,
Pragati Apartments
(SFS Pocket III
Madipur), Paschim Puri
New Delhi – 110063
Phone -
9810073862
