BDA orders allotees’ assn to conduct fresh election for exec panel

Bhubaneswar: In a first such intervention since the Odisha Apartment (Ownership and Management) Act, 2023, came into force, the Bhubaneswar Development Authority (BDA) has directed the allottees’ association of a major residential project in Kalinga Nagar to conduct fresh elections for its executive committee, citing serious procedural violations.Acting as the competent authority under the Act, the BDA passed the order after hearing a complaint filed by a group of allottees of the apartment project in Kalinga Nagar. The complainants alleged that the previous election, held in Oct 2024, was conducted in violation of statutory provisions and model bye-laws.After examining submissions from both sides and conducting a final hearing, the authority concluded that the election process suffered from gross violation of rules, rendering it invalid, the final order of the BDA reads.

The BDA specifically pointed out that the association failed to publish the mandatory final voter list prior to the election.As per the schedule, the list was to be released prior to the holding of the election of the resident welfare association or the allottee’s association, but only provisional lists were issued instead. “This deprived several eligible allottees of their right to participate in the voting process,” the order noted.

Another key lapse highlighted by the authority was the failure to ensure quorum. As per the model bye-laws, the presence of at least three-fourths of the members is required for conducting elections to the executive committee. The BDA found that this condition was not met.The complainants also alleged irregularities in allowing certain authorised members to cast votes while denying others. While the association denied widespread violations, it admitted that one such instance occurred inadvertently during the polling process held in Oct 2024.Taking note of these irregularities, the competent authority held that the election process was not in compliance with the Odisha Apartment Act and associated bye-laws. It has directed the association to conduct fresh elections by the end of this month, strictly following due procedure.“The case assumes significance as it marks one of the first major enforcement actions by BDA under the new apartment ownership law. This particular order signals stricter oversight of residents’ associations and their governance practices. This way Odisha could lead in implementation of this Act,” real estate activist Sritam Mohanty said.