By I C Naik
The Government of Maharashtra constituted State Cooperative Election Authority (S C E A) and issued (New Cooperative Election Rules) the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. Cooperative Societies are categorized in to A B C and D Types. Housing societies are in Type C and D (Below 200 Members). Elections in A B & C are under secret ballot method spread over 35 days. For Type C and D certain special provisions are made in Rule 75 and 76 respectively.
https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf
For D type the Returning Officer is nominated by the Ward Election Officer designated by the S C E A. Elections are by voice votes or by show of hands in special general body meeting presided over by the concerned Returning officer. The society can opt for election under Rule 75 by passing a resolution in the general body meeting.
In a recent Election Notices issued by the Returning Officers (R South Mumbai Western Sub-urban District), no mention of a contestant challenging any rejection of nomination.
Section 152A existing since 1986 (as amended in 2013) allows an aggrieved member to file an appeal against such rejection. Time limit is maximum 3 days from date of rejection. Disposal off the appeal by the Appellate Authority, must within 10 days. Such disposal is final and not appealable. A Revision Petition under Sec. 154 is permissible for the limited purpose of looking in to the legality or propriety and the regularity of proceedings of rejection. Maximum time for filing revision petition is two months from date of disposal of appeal.
Superiority of Section 152 over all other provisions is evident through this phrasein both Sub-Sections nmaly : “Notwithstanding anything contained in this Act or the rules or the bye-laws made there under…
(i) Under Sub-Section (1) a person aggrieved by the rejection of his nomination can file an appeal to the Registrar or to the officer as may be specified by the S C E A.
(ii) Sub-Section (2) provides that :
- the list of validly nominated candidates shall be subject to the decision of any appeal filed under sub –section (1),
- the period between the date of scrutiny of nomination papers and the last date of the withdrawal of candidatures shall not be less than fifteen days.
(iii) Obvious areas leading to more grievances:
- Aggrieved member is confused between the Appellate Authorities.
- In Special general body meeting
- Scrutiny of nominations and
- Finalizing validly nominated list
both happens the same day. Post election a successful appeal will change the nomination list, so how that can be taken care?
(iv) The gateway
- Make two appeals one to each of the Appellate Authorities
- Adjourn the meeting for finalizing nomination list and polling to a date after 15 days, but not later than 30 days[Bye-Law No 102]
(v) If a Revision Petition is preferred before the date of adjourned meeting is held: fresh Notice and fresh general body meeting?