Housing society election
Anu Chaterjee
(Querist) 09 January 2014
This query is : Resolved
In our society the managing committee resigned in between their term in 2013. Thereafter the ex-office bearers circulated a nomination form asking members to elect new managing committee. This was in a General body meeting counted and whoever got majority nominations were declared as managing committee members. Is this a correct way of holding elections. Our society has just 35 members. Please help.
Devajyoti Barman
(Expert) 09 January 2014
Refer to Bye laws of the society.
All details of election msct be there.
Anu Chaterjee
(Querist) 09 January 2014
The office bearers are not giving inspection. Giving us all filmsy reasons and delaying the inspection. Just want to know what is the correct procedure of conducting election if the managing committee members resign. Can anyone help?
Devajyoti Barman
(Expert) 09 January 2014
If Bye laws is not allowed to look into, then lodge complain with Registrar of Cooperative Society.
Anu Chaterjee
(Querist) 09 January 2014
Yes I am aware of that but my query is regarding the normal election process and not what action to be taken if inspection is not provided. If anyone can tell me what I need to know, it will be highly appreciated.
Anu Chaterjee
(Querist) 09 January 2014
Yes I am aware of that but my query is regarding the normal election process and not what action to be taken if inspection is not provided. If anyone can tell me what I need to know, it will be highly appreciated.
ajay sethi
(Expert) 10 January 2014
no this is not correct procedure for holding elections . An election officer has to be appointed for elections . List of members eligible for voting have to be drawn up . applications are invited from members willing to stand for elections to the managing Committee . forms are scrutinised by Election officer .on date fixed for elections members caste their vote . finally election results are declared after counting of votes polled by candidates
Thyagarajan
(Expert) 10 January 2014
I agree with Expert Mr.Ajay Sethi. Appointment of election officer is a must as he had to scrutinize the papers of members wishing to be elected.There will be a bar on certain members ,who had defaulted paying of maintenance charges,a duplicate member from same family of owner from contesting as specified in bylaws.
However the decisions of the majority in general body binds on all members. If one or more members feel they are put to hardship due to brutal majority they can seek remedy through judiciaries.
Anu Chaterjee
(Querist) 10 January 2014
Thnx a ton, Ajay and Thyagarajan. But is this all necessary for a Housing Society that has only 29 members? Are small societies governed by a different set of bye laws and any decision taken by the General body is the final decision without following the law and rules framed under the Maharashtra Co-operative Societies Act?
The election officer/returning officer has to be appointed by the Managing Committee only, right?
ajay sethi
(Expert) 10 January 2014
no small societies are not governed by separate bye laws . Election officer is appointed by MC
Anu Chaterjee
(Querist) 10 January 2014
Just one last query. Is secret ballot a must or voting can also be by show of hands?
Sudhir Kumar, Advocate
(Expert) 11 January 2014
again same reply. read society bye laws. If these bye laws forbid secret ballot then there cannot be secret ballot.
Advocate. Arunagiri
(Expert) 11 January 2014
Ms.Anu,
Your answer is there in the bye laws. If the society is not providing you the bye laws copy, you can inspect those records in the registrar of societies.
In case of violation of the rules in conducting the election, the election will be invalid.
ajay sethi
(Expert) 11 January 2014
it is secret ballot madam
Thyagarajan
(Expert) 11 January 2014
On policy matters of managing committee show of hands in support or against is generally practiced in GBM.
Elections are done on secret ballot.
Anu Chaterjee
(Querist) 11 January 2014
Thanks Ajay and Thyagarajan for your help. Really appreciate it !!
ajay sethi
(Expert) 11 January 2014
thanks for your appreciatoion
Thyagarajan
(Expert) 11 January 2014
You are always welcome
Sudhir Kumar, Advocate
(Expert) 13 January 2014
I reiterate what Mr Debjyoti Barman said
Refer to Bye laws of the society.
All details of election muct be there.
V R SHROFF
(Expert) 15 January 2014
read society bye laws.
THE bYE-lAWS APPLICABLE ARE standard, AND A PRINTED BOOK IS AVAILABLE WITH FEDERATION/ BOOK STALLS.
IF YOU CAN READ CO-OP SOC ACT, why not bye-laws????
V R SHROFF
(Expert) 15 January 2014
READ:
Annexure III
ELECTION RULES
& FOLLOW IT.
ILLEGAL ELECTION BE REPORTED TO REGISTRAR:
who will proceed for Election.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
