Ramakant Baht
Our society (109 members) in Lonavala, Pune, Maharashtra, which is presently under Administrator, will be holding election this Sunday, the 21st December for selecting the managing committee.
We seek your urgent clarification on following queries;
1) Can the election be hand/voice vote or has to be necessarily through secret ballot?
2) As per byelaw we should have 8 from general category, 2 from women category and 3 from SC/ST/OBC etc.. If we do not have any SC/ST/OBC members in society, will these 3 seats remain vacant to be filled later as and when such member available. Will committee then be formed of only 10 members, or can these 3 seats be filled by general category and have a committee of 13 members as prescribed for our society.
Thanks again for your urgent clarification.
I C Naik
Your timing for seeking clarifications is incorrect rather it is being taken up after the stage to hold election is fully set.
For an election of CHS with lower than 200 members Rule 76 of Maharashtra cooperative Societies (Election to committees) Rules 2014 applies;
The general body meeting can by voice vote elect a new committee. The Ward Cooperative Election Officer must have appointed a presiding officer who ought to have issued notice of GBM on or prior to 5th December, and if not the meeting cannot be held and no elections can be conducted.
In the Notice it ought to have been clarified as to how many seats are to be filled. in fact all your questions must have been answered by the Notice of the GBM.
If your CHS has not adopted New Model Bye Laws your committee strength is as per bye laws except that 2 seats for women members of the CHS (If there are women members as voters) are to be reserved. Only 1 seat for SC/ST (Constitution requires only one) if there are SC/ST voters in your voter’s list.
IF VOTER’S LIST HAS NO WOMEN NOR ST/SC MEMBERS RESERVATIONS ARE NOT APPLICABLE.
Let me clarify that number 13 referred to by you is correct for your CHS ONLY IF NEW MODEL BYE LAWS have been adopted and the Registrar has registered them, and NOT OTHERWISE. NEW MODEL BYE LAWS do not become bye Laws of any CHS if they are not registered as BYE LAWS of that CHS.