Our society is in Mumbai following the model bye laws 2014 having around 50 members.
The coming week election is going to be held under the supervision of the Returning officer, my query is as under :-
One of the most active member due to some unavoidable circumstances will have to go out of town and he will not be back on the day of election, is it possible to get the nomination form signed by him in advance and submit to the returning officer on the day of election ? the Returning officer is insisting on the members who wish to stand for election should be physically present on the day of election.
If the above is not possible ? one of the member has volunteered to stand for election and is willing to resign after say one month so that the active member who couldnot be present can be co-opted, but we have come to know that the co-option process has been stayed for the time being by the registrar, further we would like to draw your attention that there will no ballot voting as after lot of coaxing only 6 members from the general category and 2 from the women category are ready to contest the election.
I C Naik
There is nothing in law or Rules that Nomination can be filed in the presence of Returning officer and the contestant must be present in the meeting. The Returning officer is exceeding his authority which every election officer has started doing as per my experience. They are not guided properly by the higher ups in the Department. In many matters even the higher-ups are equally confused.
So file a proper Nomination form Proposed by a voter and seconded by a voter and signed by the contestant. Down load Form E 5 prescribed under Rule 20(2)
At form E-5 a proforma of receipt of Nomination paper is appended. It redas
Receipt for Nomination paper and notice of scrutiny
(To be handed over to the person presenting the nomination paper)
Serial number of Nomination paper…………………. The nomination paper of ……….. a candidate for
election from the………………. Constituency of……………. Co-operative Society ltd., was delivered to me at candidate/proposer of candidate.
All nomination papers will be taken up for scrutiny at……………..(hour) on…………..(date) at………….
Date : seal Signature of Returning Office
If the rule expected the contesting member to be present the receipt would not have used the phrase “(To be handed over to the person presenting the nomination paper)”
If you see the Notice ofElection carefully you should find it having been issued by the Secretary Chairman of yourhousing society, as approved by the Returning officer.
If such nomination is rejected it becomes a dispute which has to be referred only to Cooperative Court under Section 91 as so provided under Rule 78
Election Disputes Regarding Elections
- Election disputes.—
No election shall be called in question, except by an election petition presented to the Co-operative court as laid down in section 91.”
The other option is not advisable as the election to fill up casual vacancy is also required to be conducted by the Returning officer appointed by State Cooperative Election Authority, Its expensive.