A committee that loses an election but clings to the society's records, money and keys can be dealt with. Under the HRRS Act, 2012 the District Registrar can order seizure — with police help if needed.
In plain words: when a committee loses an election but refuses to hand over the society's records, bank accounts and property to the new body, the District Registrar can order those records and property to be seized — using police force if necessary.
The problem
The election is over, a new committee is elected, but the outgoing office-bearers won't hand over the account books, the bank operations, the keys or the society's property — paralysing the new body and hiding what went before.
What the HRRS Act says
- The Registrar can seize the records. Section 53(1): where a Governing Body is reconstituted at a general meeting and the outgoing members refuse to hand over charge of the records and property to those entitled to receive it, the District Registrar may issue an order to seize and take possession of those documents, funds, records and property.
- With police help if needed. Section 53(2): to secure compliance, the District Registrar may take such steps and use such minimum force, including police force, as may be considered necessary.
- Records can also be called for. Section 52: the Registrar can require the society to furnish records and explanations.
- Disobedience is penalised. Section 74: an office-bearer who wilfully disobeys the Registrar's lawful order faces a fine (up to Rs. 5,000, plus a daily penalty for continuing default).
- If the election itself is disputed. Section 40: the Registrar can decide disputes about the election or who is entitled to continue in office.
What you can do, step by step
- The incoming committee (or members) reports the refusal to hand over charge to the District Registrar in writing.
- Ask the Registrar to order seizure under Section 53, with police assistance if the holdouts resist.
- Seek a penalty against the office-bearers under Section 74 for disobeying the order.
How Vakil Help Desk helps
We move the District Registrar for a seizure order and handover, and deal with any parallel election dispute. If your new committee can't get charge of the society, contact Vakil Help Desk.
General information on the HRRS Act, 2012, not legal advice.