Query of Sudhakar Joshi

I am a senior citizen and a senior member of the Panchavati CHS, Marol, Andheri East, Mumbai 400059. Our society comes under the jurisdiction of The Deputy Registrar, CHS, K-E, Mumbai.

Term of the present Managing Committee of our society ends on 25 June 2017. As per my knowledge minimum 40 days earlier the Election Process has to start.

       1.      Publication of PROVISIONAL List of Voters.

The MCS Act, 1960 & Rules 1961 Election Rule No. 4 to be followed strictly:

A Provisional List of Voters shall be prepared by every society for the year in which general election is due to be held. [The persons who have completed minimum period of two years as members from the date of their enrollment before] the 30th June of the year immediately preceding the year in which such election is due shall be included in the Provisional List.

Minimum 10 days’ period for objections/ corrections/ alterations etc.

 2.      Publication of FINAL List of Voters.

 3.      To issue and receive Nomination Papers. Minimum 15 days’ period.

 4.      Publication of List of Candidates whose Nomination Papers are received within the prescribed time limit. Minimum 1 day period.

 5.      Scrutiny of received Nomination Papers. Minimum 1 day period.

6.      Publication of Names of Candidates whose Nomination Papers are found valid. Minimum 15 days period required as per the provision under

MCS Act 1960 Section 152-A: Appeal against rejection of nomination paper at election,             including withdrawal period mentioned in the election Rules.

7.      Publication of Final List of Candidates. Minimum 15 days’ period for Candidates for canvassing etc.

8.      Date of Election.

Add this the time in days taken to appoint the Presiding Officer, the Returning Officer, the Assistant Returning Officers and to set up the entire election machinery in a flawless manner.

Till date the MC of our society has not initiated even the first step.

Complaints to the Dy. Reg. K-E fall on deaf ears as always.

What should we members do now?

I C Naik

If your housing society’s membership exceeds 200 then the steps listed by you are inescapable. In case of housing society having less than 200 members a simplified procedure has been designed. In this the Committee has to file form Form E-2

Prescribed  Rule 5 (2)] (Form of report to be delivered by the committee of the society 6 Months before of the expiry of the period of the committee of the society) followed by a Form E-3 Provisional List of Voter Prescribed under Rule 7 & 10.

If your housing society is smaller than 200 members it is still not late, though 6 months Notice has been violated. But the Committee may have taken steps and you are not aware.

What I suggest you file an RTI application addressed to

Public Information Officer, Office of the Dy. Registrar Ward K (East) asking for a copy of the form E2 and E3 submitted by your housing society for managing committee for the term 2017-2022. It costs you Rs 10.- but you will wake up the Dy. Registrar start Election Process.

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