Respected Sir,

We are members of the Raj Aangan Society (RAS). This society was formed in May 2012 to facilitate and accelerate the development of the NRI Colony at Pratap Nagar, Jaipur. There are total 287members Owners in the NRI colony. Out of these 287 members, currently, only 45 members actually live in the colony, another around 20 nos. live in other parts of Jaipur city and balance 222 odd members are actually living outside Jaipur of which 150 members are living outside the country. 

We would like to bring the following critical issues which affect each and every member owner and his direct family members of NRI colony to your kind notice for urgent corrective action:

 

Issue No.1: Illegal and unethical elections of RAS 

Problem Description: Elections for Executive Committee and Office bearers of RAS were done in an autocratic manner by the unauthorized and illegally appointed Secretary in May 2014.The elections were not held in a democratic and transparent manner. 

-Firstly the Election Officer and six other coordinators were appointed from rank outsiders and not from the colony residents. They were totally unknown to all RAS members and they behaved like bullies.

-Nearly 50 names of Owners were omitted and another approx 100 names were changed from the list of eligible Voter members for 2012 Elections as was prepared by Rajasthan Housing Board (RHB). 

-Where there were 2or3 co owners for single property, RAS team arbitrarily chose any one name who would normally not be there to vote or the person whom they could influence out of the lot.

-The main reason communicated verbally to owners was that the maintenance charges for their Bungalows were not paid by them up to date leading to removal of their names from voters list.

-As per Clause 5 of RAS Constitution, Power of Attorney holders from the owners have equal rights to participate in the Elections. The then Executive Council of RAS did not feel it proper to go by the constitution and made their own rules to suit their objective of winning the elections and did not allow use of POA in these elections.

 

The constitution of RAS clearly states that no owner can be divested of his membership of RAS without approval from General Body Meeting of owners. In present case members were not served even with a notice regarding removal of their Name from the voters list.

 

Normal practice for electoral rolls (Voter List) is to publish them  with a notice period of at least 30 days .This provides them with adequate advance time for checking their names and also for getting required corrections, omissions and rectifications done  in the voters list. This period also provides for the owners to deposit any outstanding dues before elections.

 

RAS (Temp Secretary) was neither ready to make amends in the lists nor there was any time remaining for amends as they notified Elections to be held on same day! Changes in the list were deliberate to keep opposition away from the election 

 

The fact is that it was a deliberate attempt to keep the names of Eligible Voter - owners secretive and manage minimum owners to participate, who were their supporters. Changes in the list were deliberate to keep opposition away from the election.

Solution: Hold the elections again. This is to be done after: 

a) accepting PoA as per clause no. five (5) of the constitution of the Raj Aangan Society (RAS)          b) following due process by allowing sufficient time for members to participate in the election.          C) Allow voting by proxy (only for the 287 members with voting rights after approval in the meeting of the general body) 

 Re- elections of the executive committee of the society be then held under supervision of chosen person from amongst owners in NRI Colony in a democratic and transparent manner.

 

Issue No.2: Non acceptance of Power of Attorney (PoA) provisions in the constitution of the Raj Aangan Society (RAS) effectively denying voting rights to majority of the members of RAS

Problem Description: As per clause no. five (5) of the constitution of the Raj Aangan Society (RAS) and as per the general provisions of the Rajasthan Societies Registration Act 1958, POA holders are allowed to register their names in lieu of the existing owner/member in the membership records of the Raj Aangan Society (RAS). Owners living outside should be made aware that they could have had a say in the elections through Power of Attorney (POA) but they were not informed about this provision and therefore could not participate in spite of being a homeowner and paying dues like maintenance charges etc. 

 

The society has not allowed this and requests from several PoA holders have been rejected. 

 

The RAS executive committee did not even pay attention to the letter sent by the Registrar of Societies Rajasthan, in this regard, instructing RAS to allow PoA holders to vote and participate in the elections.

 

The NRI colony is primary a colony for NRIs. . Proxy voting or voting by postal ballot was not allowed to members living outside Jaipur so they could have had a say in the elections. Right to vote is a fundamental right and most members could not participate in elections in spite of being a homeowner and paying dues like maintenance dues etc.

 

Solution: Accept following:

 

a) PoA to be accepted and POA holders to be allowed to register their names in lieu of the existing owner/member in the membership records of the Raj Aangan Society (RAS) as per clause no. five (5) of the constitution of the Raj Aangan Society (RAS).They shall be entitled to all rights to participate in operations and all activities including right to vote/stand for election of RAS and/or club 21. 

b) The constitution of RAS and club 21 needs to be amended to allow voting by proxy (only for the 287 members with voting rights) in the meeting of the general body and the general elections of the executive committee of the society and /or club21

 

Issue No.3: Very few members to be able to participate in the executive committee of the RAS and /or Club 21 

Problem Description: Total members with participation and voting rights are the 287 residents of the NRI colony. Out of these 287 members, only 45 members actually live in the colony and of these 45 members, several are totally inactive because they just have the house in their name as they are family members of a resident who is not a member and bought the house in a family member’s name. This brings the practical participation to further reduced strength to only around 25-30 odd members which are not even 10% of the total member population. Considering that the strength of present RAS executive committee of seventeen members, it is certainly very limited participation. 

Solution: Amend definition of Raj Aangan member defined in clause 5 by adding a clause: (b) Raj Aangan member can nominate a direct family member to be able to participate in the executive committee. This could include Father, Mother, Spouse, Adult Son (married/unmarried/divorced), Daughter in law and Adult Daughter (unmarried/divorced) of the actual club member.

 

Issue No.4: Too much power & control in the hands of a small number of voter members

Problem Description: As described in issue number 1, practical participation of members in elections of the executive committee will be limited to 50-60 members as members outside the country will not be able to practically participate and vote. Participation of only 20% of total voting members and only 3% of eventual total strength of the club will give too much power to a few members and is probably not in the best interest of a democratic setup to run the club.

Solution: Amend clause number 23(b)(viii) and allow voting by proxy (only for the 287 members with voting rights) in the meeting of the general body and the general elections of the executive committee of the club. The procedure for Proxy can be determined later on by the executive committee.

 

Issue No.5: Impractical exclusion of residents from the usage of the club

Problem Description: Club21 has a special status as this club is situated inside the Raj Aangan Colony and it was originally meant to be used by Raj Aangan Residents. The current provisions of the byelaws will exclude either the married son and his family or parents under the age of 60 years living inside the colony with a member parent or child as the case may be from using the club on a day to day basis. This is impractical and unfair as these people actually live in the colony and still will be unable to use the club.

Solution: Add a new clause with clause number 5(n), applicable only to Raj Aangan members, to include direct family members who are residing in the colony so that they can use the club freely. This would include Father/Mother under the age of 60 years, Adult Son (married /unmarried/ divorced) , Daughter in law, Adult Daughter (unmarried/divorced) and the grand children of the club member. 

Please note that in spite of several requests both verbal and in writing, the issue of allowing Power of Attorney (POA) representation, as per Constitution of RAS, by close and direct relatives of homeowners and providing voting rights to all by way of Proxy/Ballot by mail/other advanced electronic mediums has not been accepted  and no action in regard to their inclusion by the present executive committee of the Raj Aangan Society (RAS).

 We, highlight that the issues of

-Representation of NRIs/NRRs by way of POA participation and 

-Proxy voting or voting by postal ballot/other advanced electronic mediums  

are fundamental right of all members of RAS and needs to be included in the Constitutions /By-laws of both RAS and Club 21. 

We are confident that a perusal above will convince you that all is not well in implementation of constitutional provisions and operations at RAS and in the proposed constitution /By-laws of Club 21. 

We request you to take up the above matters on priority in the over all interest of NRI colony residents/members and instruct the relevant authorities to ask EC of RAS to take immediate action to carryout above in both the constitutions/ By-laws of RAS and Club 21 and hold free and fair elections again at the earliest.

Thanking you for your time & consideration.

Best Regards,

Members RAS