Cooperative housing society nomination for election
Ranju_9666
(Querist) 25 August 2012
This query is : Resolved
Hello
I reside in a Co-operative Housing Society, comprising of 45 Flats, in Kolkata since 1982. Recently the managing committee got dissolved and a Special Officer had been appointed by the Registrar of WB Cooperative Societies to conduct the election for formation of a new Managing Committee. I am a joint member with my mother who is the original member of the society.
Accordingly I had filed my nomination paper for the said election, and the same was accepted by the Special Officer. However on scrutiny, the Special Officer rejected my nomination on the grounds that I supposedly had to submit a "No Objection Certificate" from my mother with regard to my candidature for election as she is the original member.
I requested the Special Officer that I was ignorant of this requirement and inadvertantly I had missed out on submitting the same. Infact, during scrutiny I furnished the NOC but the Special Officer declined to accept it and summarily rejected my nomination.
I would like to know whether such requirement is stated in the bye-laws and whether I can approach the Election Commissioner for appealing against the Special Officer's verdict as he had refused to accept the NOC even when I produced it during scrutiny
Thanks
M V Gupta
(Expert) 25 August 2012
It is necessary that an Associate member should produce no objection certificate for contesting the election to MC or even to attend the GB meetings and vote. As you had not filed the NOC at the time of filing the nomination form, the Special Officer had rightly rejected you nomination. As the date for filing valid nomination is over your submitting the NOC after the expiry of the date cannot be accepted by the SO.
Ranju_9666
(Querist) 25 August 2012
Thanks for the advice. Is it necessary also for producing another no objection certificate by associate member if he/she wants to vote in the election instead of the member
M V Gupta
(Expert) 25 August 2012
There can be a general NOC from the Member stating that till further advice the Associate Member will represent her /him at the GB/SPGB meetings and in other matter and shall exercise all his/her rights under the bye laws.
