Rules for the election of the Managing Committee of Housing / Commercial Service Societies based in Gujarat.

Definition

  1.  “The law” means the Law of Gujarat Co-operative Societies Act, 1961 and to the rules which are in force in pursuance of thereof.
  2.  “Byelaws” means the byelaws of a specific Co-operative Housing Service Society which is in force with amendment and alteration.
  3.  “Election Officer” means the officer whose appointment has been made by the Managing Committee of the Society.
  4.  “Assistant Election officer” means, the members of the staff or other persons except the members appointed by the Election officer to help in his work.
  5.  “Voters” means those persons who are eligible to vote as on 31st March, under these rules or the byelaws of the society.

Publish the List of Voters

  1. The Secretary of the society shall prepare one separate list of members as on 31st March every 5 years, as per the Register of members of the Society and, the same shall be published on the notice Board at the office of the Society as per the date of time table of election as fixed by the Managing Committee, along with the signature of the society.
  2. In case there is any objection by any member against the voters’ list, the reasons in that regard shall be required to be intimated to the Secretary in writing as per the date of the timetable of the election fixed by the Managing Committee.
  3. After taking decision on the objections received against the voters’ list, the election officer shall publish the final list of voters on the notice board of the society as per the date of the time table fixed by the Managing Committee.
  4. The nominal members will not have the right to vote or fight election of the Managing committee or be proposer or supporter of a candidate.
  5. Notwithstanding otherwise decided in the byelaws of the society, any person ….
    •  from whom this or any other society’s dues of any kind has been received in the last three years as per the arbitration proceedings.
    •  If  being a relative  of Societies’  engineer, contractor, surveyor, legal advisor, land owner, directly or indirectly.
    • If he is a salaried person, servant, or a person having relations with him then, the said person cannot file candidature for the election of the members of the Managing Committee or, cannot make proposal for the same or cannot give support for the same.

Declaration of the Vacant Posts

  1. Every 5 years all posts shall be vacated by the managing committee.
  2. Every 5 years, the managing committee shall decide the name and numbers of vacant posts and such names shall be affixed on the notice board of the society.
  3. If any vacancy arises within the term of 5 years, the same shall be filled according to the provisions of the Act if so.

Candidature Forms

  1. The candidature forms (Form No. 1) for the seats becoming vacant every 5 years shall be accepted during 9-00 am. to 12-00 pm on working days at the office of the Election officer or at the office of the Society as per the time table of the election, fixed by the Managing Committee for which a receipt will be issued.
  2. Any eligible voter can register candidature for the seat being vacant in the Managing Committee.
  3. Any eligible voter can make a proposal only for one seat of the Managing Committee and can give support to only one seat.
  4. The candidature forms shall be given free of cost from the office of the Society during the working hours after obtaining signature. But, no more than one candidacy form shall be given to any voter.
  5. The candidature forms should be filled completely and neatly.
  6. The verification of the candidature forms shall be done in the presence of the candidates as per the time table fixed by the Election officer and the Managing Committee and after considering the objections, or he will put his remark. The candidature forms can be rejected only on the reasons mentioned in the laws, rules and byelaws or election.
  7. On the basis of the candidature forms so approved, he will publish the list of candidates of the election on the notice board of the Society on the same date at 4-00 p.m. with his signature.
  8. Similarly, if any candidature forms are withdrawn then, the list of the remaining final candidates shall be published on the notice board of the society as per the time table with the signature of the officer.
  9. In case the candidates are equivalent to the vacant seats declared by the Managing Committee then, the election officer shall declare these candidates elected as uncontested and, in this regard the declaration shall be made in the annual report of the society as well as in the General meeting.
  10. If there are more candidates than the declared post for election then, the election will be conducted and if required, the election officer will give an election symbol / mark to each member.
  11. If less candidature forms have been received than the vacant seats, then, the said seats shall be filled in in the first meeting of the Managing Committee held after the Annual General Meeting for the full tenure of the said seat.

Polling

  1. If the election is required to be conducted, then polling shall be done at the place fixed by the Managing Committee during 9-00 am to 11 pm as per the time table of the election fixed.
  2. The polling shall be done in the prescribed form (Form No 2). In the voting sheet, the names of the candidates shall be arranged alphabetically.
  3. Each voter shall have the right to give vote equal to the seats of the Managing Committee which have become vacant. But, he cannot give more than one vote to any one candidate.
  4. The polling shall be made by marking the cross (X) in the column.
  5. The polling shall be conducted on secret method and, for this, the election officer shall make proper arrangement.

Counting of Ballot

  1. After the polling is over, the counting of votes shall be done immediately thereafter in the presence of the candidates and after the work of counting of votes is over, its result shall be declared immediately thereafter. Those who have acquired more votes shall be treated as elected.
  2. The result with the signature of the election officer shall be published on the same day on the notice board of the society. Further, the same shall be published in the Annual report of the Society and information of the result shall be given in the Annual General meeting and its note will be taken.
  3. The Election officer will reject the following ballots at the time of counting of polling.
    • If a candidate is given more than 1 vote.
    • If the vote given is less than the number of vacant seats.
    • If it cannot be clearly stated as to in which column of candidate the cross is made.
    • If any other tempering has been done with the ballot paper, but the election officer will make his note with his short initial on the ballot for objection.
  4. If any candidates have got an equal number of votes, then, the election officer will declare a member elected by lifting up a Chit of names of the both of them, in the presence of both the candidates.
  5. In case candidate wants re-counting, he will have to give written intimation to the Election officer immediately after the work of counting of polls is over.
  6. Immediately upon the receipt of such a written application, the Election officer to do re-counting as done earlier, and to declare the result again.

Miscellaneous

  1. After the counting of polls is over and after declaring the result, the entire literature regarding the election shall be put in the ballot box and the election officer to seal the same and the same should be placed in a safe place under the supervision of the Secretary.
  2. In case there is any objection in the election procedure then, any voter can get its solution within two months from the date of declaration of the result of the election through the Arbitration proceedings in pursuance of Section 96 of the Act.
  3. If any voter has gone in Arbitration then, within 2 months’ time after arrival of its solution and if no voter has gone in arbitration, then, after two months’ time of declaring the result of the election, the Secretary shall destroy the election literature in the presence of the Chairman of the Society.
  4. The time table, date and time shall be fixed by the Managing committee. In any special case, if he deems fit then, the dates including the date of polling can be changed by the election officer. But, the declaration in regard to such changes, the Chairman shall publish on the notice board of the Society with his signature.
  5. Whatever laws that may be formed by the State Government in regard the election of Managing Committee or election of Committee member of this type of society, the same shall automatically apply to this society and notwithstanding anything contrary in other provisions of these rules or in the byelaws of the society the same shall be overriding the provisions of the laws framed by the State Government in regard the election of the Managing Committee or election of the Committee members of this type of Co-operative Societies.
  6. In case any difference arises in regard to the interpretation of these rules, then, the decision of the District Registrar in this regard shall be the final decision and shall be binding to both the parties.

Time Table for Election

Sr. No DetailsDate Fixed
1To publish the first Voters’ list and the vacant seats with names 1. ___________
2To submit objections on the voters’ list 2. ___________
3To publish the final voters’ list 3. ___________
4The last date and time of acceptance of the candidacy letters 4. ___________
5Verification of the candidature forms 5. ___________
6Declaration of the approved candidates forms 6. ___________
7Last date of withdrawal of the candidature forms 7. ___________
8The final list of candidates 8. ___________
9Date and time of polling 9. ___________
10Date and time of counting of polling 10. __________
11Date of declaration of result 11. __________

Remarks

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