Gautam Mukherjee
I am from Mumbai, Maharashtra. We are in the process of society election under the returning officer from co-operative society office at CBD BELAPUR in Navi Mumbai.
The list of nominees for contesting election has just been finalized by the body and the list has gone up to the notice board.
Strangely, our last chairman who wants to come back in this election, has his name appearing once in reserved category & simultaneously in general category. He has supposedly produced a Muslim OBC certificate.
Can one fight the election both from reserved & general Category? Is there such provision in the law? Or this is done through a loophole?
I C Naik
The State Government has published on 11-09-2014 the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. The Elections to the managing committees are being held as per these Rules.
Rule 6 is about Preparation of Electoral Roll. Relevant portion is reproduced below.
Sub-Rule (1) a provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. If different constituencies are provided in the bye-laws, the names of voters shall be arranged constituency wise, if required, as laid down in the bye-laws.
Nominations have to be filled in Form E-5 appended to the Election Rules which require among other information the following:
Name of the constituency:__________________________
(i) In a constituency having a reserved seat, state the particular of the caste/tribe or other backward class/Nomadic Tribes/Special Backward Class to which the candidate belongs.
(ii) The Name of the constituency in which the name of the candidate is entered as a voter in the list of voters
(iii) Serial Number of the candidate in the list of voters of the constituency aforementioned in which his name is entered as a voter.
It is not possible that a member can be nominated from more than one constituency unless the Election Rules are violated.