Tuesday, May 27, 2008

The State of Utter Neglect in the Society







External Appearance. The very approach to the Society from Madhu Vihar side presents a dismal picture.
Generator. The 15 KVA Genset was bought by the Society from Society funds for Rs 45,000/- to provide backup power for the security lights in the Society. The Genset has been neglected over the last few years and no maintenance worth the name has been carried out.

Parking Chaos. There is no check on parking within the Society premises with two wheelers being parked haphazardly in common areas and blocking walkways. There are no instructions on the subject from a sleeping MC, thereby causing inconvenience to members. Besides, the chaotic parking is bound to restrict movements in emergency situations.

Delhi High Court Orders Elections in DIN CGHS Ltd


It may be recalled that the Secretary of the Society, Mr YS Mathur supported by Mr Praveen Kumar, Mr Inderjeet Mankotia and Mrs Jaswanti Devi had joined Mr Madan Sharma praying to the court to restrain the Society from holding elections and that elections to the Managing Committee be held in abeyance. The President, Mr K Subramaniam had submitted an Affidavit to the same court that the Society had no objections to such a proposal. None of them had bothered to obtain the assent of the General Body before approaching the court for getting the elections stayed. They conveniently concealed from the court the simple fact that they had already completed their term of three years in office way back on 31 May 2005. Besides, the MC knew that the issue of Society elections falls within the purview of DCS Act 2005 and the lower court had no jurisdiction to pass an order staying the elections. Yet, they were able to manipulate the law to obtain a stay on holding of elections in the Society and thus effectively demolish the democratic process in the Society in order to prolong their strangle hold over affairs of the Society.

In the General Body Meetings held on 12 Nov 2007 and 25 Dec 2007, the MC was requested by members of the Society to behave like gentlemen and step down honorably and help the RCS restore democratic process in the Society by holding the long overdue elections to the MC. Mr K Subramanian, President remained non-committal; thereby leaving the members with no option but to seek relief from Delhi High Court.

On 12 May 2008, the High Court has set aside the stay order passed by Civil Judge in suit No. 90/2007 dated 24 Mar 2007 keeping the election of the managing committee in abeyance. The High Court observed that the Civil Judge had exceeded his jurisdiction in ordering a stay on elections in the Society. The High Court, on an undertaking given by the RCS, has ordered the RCS to hold elections to the Managing Committee of DIN CGHS Ltd by within three months. The High Court order is reproduced here-in.