VIolation of Code of conduct of election
Suhail SHahbazker
(Querist) 11 May 2011
This query is : Resolved
NO appproval is allowed after the election dates are declared. The election dates are declared on 17th April. Final List was effected imediately and the election programe is fixed on notice board. After displaying all election formalities after 15 days the outgoing Managing Committee took SGM (in the name of emmergency) and got approved some proposals. Just to appease voters and to give bad impression of those who opposes.
Is it not violation of code of condcut. Under what section of the election rules and guide lines. .
Sudhir Kumar, Advocate
(Expert) 17 August 2013
query is vague. please state which organistion (whether psu) and which election
ajay sethi
(Expert) 17 August 2013
it appears we are dealing with a cooperative society matter . once term of society has ended it is bound to call for elections . once election dates are announced managing committee cannot take any major decision and it is for newly elected committee to take the call .
in your case it appears that MC has called for SGM . decision has been taken in the SGM of members . without knowing the details we cannot advise further .
Suhail SHahbazker
(Querist) 18 August 2013
Thanks Sir; Yes this is matter of co-op Housing Society
1. On 17th April Provisional List was displayed on Notice Board
2. On 27th April 2011 final list was displayed
3. On 4th May 2011 the election program was announced on the Notice Board,
4. On 8th May SGM was announced to catty out repairs to terrace without calling tenders which was mandatory for project above Rs 1 lakh,
5. On 11th May 20111 Minutes of SGM were circulated and secretary mentioned election or no election I will carryour the said project.
6. On 13th May 2011 the final list of candidates are displayed after scrutiny
5. On 27th May final list of candidate after the withdrawal was displayed
6. On 17th June 2011 schedule date of election was fixed.
7. But the RO announced the election on 27th May 2011 itself when contesting candidates were only in 7 numbers for 9 post, which is also illegal as RO cannot declare the election and it is the role of Chairman to declare result in AGM which was held on 19th June 2011
Is it not violation of code of conduct for election during to call for an SGM when the election dates were announced and code of conduct is effective until declaration of election in the AGM i.e. on 19th June 2011
Please advice and thanks a lot
ajay sethi
(Expert) 18 August 2013
for calling SGM 7 days notice is necessary . in the present case the said rule has not been followed . it appears on 8th may 2011 SGM called and minutes circulated on 11th may 2011 .
further once elections are called MC ought not to take any major decision . repairs to terrace could have been decided after election results . you can challenge the decision in cooperative court if you so desire
ajay sethi
(Expert) 18 August 2013
even for calling SGM or EGM 7 days notice is necessary . it appears undue haste was shown in calling for SGM on 8th may 2011 .
notice not issued as required under byelaws . minutes circulated on 11th may 2011 .
once elections are announced no major decision are to be taken till elction results are declared .
in the AGM issue ought to have been raised by members . generally what happens in cooperative societies is that members are not aware of the law and they act as per their whims and fancies .
you can challenge the decision taken in cooperative court if you so desire
Suhail SHahbazker
(Querist) 22 August 2013
Thanks Sir; for your guidance,
The Agenda for SGM was circulated before 7 days i. e. on 01.05.2011 but the MC in in its meeting held on same date i. e. itself on 01.05.2011 was with incomplete quorum, Out of 6 MC members only 2 attended the MC meeting (I have attested copy of the said meeting)
section 127 of the byelaws states that “it shall not be competent for the committee to transact any business unless there is a quorum at the time of consideration of every item on the agenda of the meeting of the committee”.
Please advice
