BHUBANESWAR: The Bhubaneswar Development Authority (BDA) has mandated the allottees’ association of a significant residential project in Kalinga Nagar to hold new elections for its executive committee. This decision follows complaints regarding serious procedural violations since the Odisha Apartment (Ownership and Management) Act, 2023, took effect.
Acting as the relevant authority under the Act, the BDA issued this order after considering complaints from several allottees of the Kalinga Nagar apartment project. The plaintiffs alleged that the last election held in October 2024 contravened statutory requirements and model bye-laws.
The BDA, after reviewing arguments from both parties and conducting a conclusive hearing, found the election process marred by significant rule violations, declaring it invalid. Notably, the BDA emphasized that the association did not publish the required final voter list before the elections.
The list was supposed to be released before elections for the residents’ or allottees’ association, yet only provisional lists were provided, which prevented many eligible allottees from participating in the voting process.
Another critical issue pointed out was the lack of quorum. According to the model bye-laws, a minimum of three-fourths of members must be present to conduct elections for the executive committee, a requirement the BDA found was not satisfied.
The complainants also raised concerns about unauthorized voting, alleging that some members were permitted to vote while others were denied that right. Although the association rejected claims of widespread violations, it acknowledged an inadvertent error during the polling process in October 2024.
In light of these discrepancies, the authority concluded that the election was not in conformity with the Odisha Apartment Act and associated bye-laws. It has instructed the association to organize fresh elections by the end of this month, ensuring adherence to proper procedures.
“This case is significant as it represents one of the first major enforcement actions by the BDA under the new apartment ownership law. This ruling indicates a move towards closer scrutiny of residents’ associations and their management practices, potentially positioning Odisha as a leader in the implementation of this Act,” commented real estate activist Sritam Mohanty.
