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Procedure For Election

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An E-2 form to be submitted to the to the District Co-operative Election Officer or Taluka or Ward

Co-operative Election Officer six months prior to the expiry of the Committee period of the society in
case if the society has over 200 members. If they do not notify the State Election Authority and
continue to hold office, it is a violation of the law resulting in action from the Registrar.

In order to oversee the objectives, special requirements or functions of the Society, two Expert
Directors and/or two Functional Directors may be co-opted. But they will have no right to vote and
do not count as members of the Managing Committee.

Over and above that, if a member has failed to attend any three consecutive monthly meetings
of the Committee, without leave of absence, he is disqualified from the Committee.

Retired members who have not been disqualified are eligible for election.

The Conduct of Election should involve the following steps that make the entire procedure
methodical and hassle-free. Each process should be published on the Notice Board of the
society within ten days of displaying the final list of the voters.

S.No. Steps Requirement


Date of declaration of Date to be announced at the time of
1.
election programme declaration of programme.
5 days from the date of declaration of
2. Last date for making nominations
election programme.
The date of publication of list of As and when received till the last date
3.
nominations received fixed for making nominations.
Next day of the last date for making
4. Date of scrutiny of nominations.
nominations
Date of publication of list of valid Next day after the date of completion of
5.
nominations after scrutiny. scrutiny.
Within 15 days from the date of
Date by which candidature may be
6. publication of list of valid nominations
withdrawn.
after scrutiny
Date of publication of the final list of
The day after the last day of fixed for
7. contesting candidates and allotment of
withdrawal of candidature.
election symbols.

Drafting letter for election notice

Nomination form

Seal of society for stamping on ballot paper


Co-operative housing societies follow the model bye-laws, which are comprehensive and
prescribe a number of rules and procedures for elections. In this article, we will simplify and
decode the procedure for Election in Housing Societies, covering the important facets that
truly matter.

Election Due Date


Within the first three months of registration of the society, the Chief Promoter is required to
call the First General Body Meeting of the society, Election being one of the topmost
priorities of the meeting along with the constitution of the Provisional Committee until
regular elections are held under bye-laws of the Society. Regular elections are supposed to be
held once every five years as per the Bye-Laws.

Voting Rights

All members: According to a recent amendment, any eligible or associate member is to be


granted the right to vote as soon as he/she is admitted as a member of the society.

On house, one vote: Each unit of a housing society has a vote. For example, if you own
multiple flats/houses in a society, each of them is liable to get a vote. Even those who default
payments are allowed to vote.

Number of Quorum for Meeting (simple


Reserved (Women
members in a General Total majority of the existing
SC/ST OBC
Society Committee Members)
VJ/NT/SBC)
6 5 11 6
Upto 100
8 5 13 7
101 to 200
10 5 15 8
201 to 300
12 5 17 9
301 to 500
14 5 19 10
501 and above

Who is not eligible for candidature?


According to the Model Bye-Laws, a critical reason for a member to not be able to contest an
election is If he defaults the payment of dues to the society, within three months from the date
of service of notice in writing.

An Associate Member (a person with joint ownership whose name does not stand first in the
Share Certificate) for whom the Original Member has not issued a No-Objection Certificate
cannot contest the Election.

Proposers (someone who nominates a candidate) and seconders (someone who supports the
nomination) have no such restrictions as they are allowed to nominate and support any
number of candidatures irrespective of defaulted payments or arrears.
How many members are required in a Managing Committee?
Under Bye-Law 113, the strength of the Managing Committee could be made up of 11, 13,
15, 17 or 19 members, with respect to the number of total members in the society. The break-
up is as follows:

Forming a Managing Committee


Model Bye-Laws from 114 to 116 have put forth certain laws that help you in forming a
strong and reliable Managing Committee.

Members of the Committee are to be elected every five years (before the expiry of the five-
year term). An E-2 form to be submitted to the to the District Co-operative Election Officer
or Taluka or Ward Co-operative Election Officer six months prior to the expiry of the
Committee period of the society in case if the society has over 200 members. If they do not
notify the State Election Authority and continue to hold office, it is a violation of the law
resulting in action from the Registrar.

In order to oversee the objectives, special requirements or functions of the Society, two
Expert Directors and/or two Functional Directors may be co-opted. But they will have no
right to vote and do not count as members of the Managing Committee.

No office bearer is allowed to have any financial, transactional or vested interests with
regards to the society, unless the financial transactions involve giving residential
accommodation to the paid member of the society.

Societies with less than 200 members conducting independent elections are liable for a Rs
25,000 fine if they fail to produce accounts, documents, or paperwork to the government or
the members of the society.

Who is not eligible for joining the Managing Committee and is disqualified from it?
Members with questionable moral behaviour, defaulted payments within three months of
written notice, Associate Member without NOC from original member are not eligible.
Anyone who sublets or rents their house without notifying the society in advance is also not
eligible.

Anyone who fails to furnish valid bookkeeping/expenditure records with respect to the funds
provided by the society is not eligible. Anyone who neglects their assigned duties and is
deemed to be in breach of trust is not eligible to be part of the committee.

Over and above that, if a member has failed to attend any three consecutive monthly meetings
of the Committee, without leave of absence, he is disqualified from the Committee.

Retired members who have not been disqualified are eligible for election.

Election Procedures and Rules in Housing Societies


At least three months prior to the Election date, the initial procedures must be declared to the
voters by the Managing Committee ( or the Provisional Managing Committee in case if the
first Election is to be conducted).

A Returning Officer should be appointed to carry out the Voting Procedures and ensure
adherence of the rules. A Returning Officer should be someone who is not contesting the
Election in any capacity. Nor should he be proposing or seconding a candidate. In other
words, he should be an absolutely unbiased and trusted individual. Usually, someone takes up
this position voluntarily. Otherwise, members jointly entrust the responsibilities on a member
they deem fit for the duties. In many cases, a financial compensation is made to the Returning
Officer for his professional services.

The Conduct of Election should involve the following steps that make the entire procedure
methodical and hassle-free. Each process should be published on the Notice Board of the
society within ten days of displaying the final list of the voters.

S.No. Steps Requirement


Date of declaration of Date to be announced at the time of declaration of
1.
election programme programme.
Last date for making 5 days from the date of declaration of election
2.
nominations programme.
The date of publication of list of As and when received till the last date fixed for
3.
nominations received making nominations.
4. Date of scrutiny of nominations. Next day of the last date for making nominations
Date of publication of list of
5. Next day after the date of completion of scrutiny.
valid nominations after scrutiny.
Date by which candidature may Within 15 days from the date of publication of list of
6.
be withdrawn. valid nominations after scrutiny
Date of publication of the final
The day after the last day of fixed for withdrawal of
7. list of contesting candidates and
candidature.
allotment of election symbols.
Not earlier than 7 days but not later than 15 days
Date and time during which and
from the date of publication of the final list of
8. the place/ places at which the
contesting candidate (time and place to be fixed by
poll shall be taken if necessary.
the Returning Officer).
Not later than the third day from the date of which
Date, time and place for counting
9. the poll shall be taken (Time and place to be fixed by
of votes.
the Returning Officer).
Date of declaration of results of
10. Immediately after the counting of votes.
voting.

If the paid up share capital of the said society is more than Rs. 10, 000, the voting is
conducted by secret ballot.

At the time of the voting, each member is shown an empty ballot box before they cast their
vote. The Ballot Paper usually has the seal of the society and the counterfoil the initials of the
Returning Officer. The Ballot Box is sealed in front of the voters and all the documents/votes
relevant to the Election are stored safely by the Secretary who is required to preserve them
for three months and then destroy them afterwards. This is done in case of disputes.
After the results, the current committee hands over the charge to the newly elected
committee.

In summary, timely execution of required procedures is quite essential to carry out an


Election successfully. At each step of the way, the members need clarity and transparency
from the elected members . At the same time, members need to be proactively involved in the
election procedures as it is commonly observed in many housing societies that the same
individuals are selected as office bearers in every term. This may lead to lethargy,
inefficiency, or malfeasance in many cases.

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