E-voting or mock-voting not valid in society redevelopment

Q: I have a flat in a society in Mulund, which is undergoing redevelopment, and the society members are at the stage of finalising the developer. Our society is a huge one, and the management committee has conducted mock voting. Many members are not in Mulund. In fact, many reside outside India. As a result, getting 2/3rd members to make a quorum itself is a big challenge. Please advise whether, as per the law, the society can carry on e-voting or not? Can the society bring consent letters from individual members and create a 51% majority to select the desired builder? What is the sanctity of mock voting in law? Can a member change his choice in the final selection under 79A guidelines? Please guide. —Manpreet Singh, Mulund

- Adv Shirish V Deshpande

A: The questions you have asked are bothering many society members in and around Mumbai, Thane, Pune and elsewhere in the state. Many big housing societies are finding it extremely difficult to get 2/3rd members of the total membership, which is the minimum quorum for commencing the special general body meeting convened for selecting the developer.

Every housing society going for redevelopment must know that the process is regulated by the guidelines published vide Government Resolution dated July 4, 2019. These guidelines lay down the complete procedure to be adopted by the housing societies from the time they decide to go for redevelopment till the selection of the developer.