Guidance for Society Election for D Category Housing Society

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01
Oct

For Election process of D category Societies refer  rule 76  in Maharshtra Election Rules published in 2014
The responsibility of conducting election of state co op. societies is handed over to state co. op.election Authority(SCEA) . For election of all, as said in election act, rule 4,  A, B, C, D groups are made. The provision has been made to conduct the election of D group as per election Rule no. 76. On this ground, the election of this group of societies will be conducted in special association (commission) meeting, in presence of an Authorized officer,in charge , appointed as a chairperson by SCEA..
For this reason, following Guide-lines are given to conduct the election systematically & smoothly:

1) As per the provision of Maharashtra co. op. society (committee election) Rules 2014, rule5 (2), specimen (format) E – 2 , information should be given  by co. op. society to Taluka/Division (ward ) co. operative election officer .

2) A copy of society’s sanctioned By-laws along with E-2 format should be given to Taluka/ward  co. op. election officer.

3) The final voters list should be given  by co. op. society to Taluka/ ward co. op. election officer in 7 days.

While preparing voters list, member of the society should be eligible as per the Maharashtra co. op. society (committee election) Act 1960, rule 27,& should not be a defaulter as per rule 73.At the same time he/she should not be disqualified as per the provision given in Act.

4) Secretary / Manager should prepare primary voters list from ” I” format of the record book of the society as per the Maharashtra co. op. society (committee election) Rules 2014,rule 7 in election rule format E-3 & should display on the society’s notice board & objections within two days  from the date of publicity should be asked.

Decision should be taken on acquired objections within two days & inform members in writing. Afterwards,
Four copies of final voters list should be handed over to Taluka/ ward co. op. election officer along with certificate prescribed by commissionwithin two days.

5) Taluka/ ward co. op. election officer should inform an Authorized officer about his appointment done by the SCEA, E-2 format, a copy of society’s  By- laws, & final voters list after certification should be given to him.
6) Secretary/ An Authorized officer should display this final voters list on the notice board of society & report should be submitted to  Taluka/ ward co. op. election officer on the same day.
7) An Authorized officer should write the note in prescribed format (letter 1) about the special meeting of association for the election of the society. In that date , time , venue, agenda of the meeting should be mentioned &this notice should be displayed on the notice board of the society / Registrar’s  notice board/ on the same date of notification  by Authorized officer.(The meeting of Gruh  Nirman co. op. society with agenda should be arranged predominantly  on Sunday) & published  report with the signatures of minimum five members should be given on the same day of notice publication /display by Authorized officer to Taluka/ ward co. op. election officer. At the same time, Authorized officer should confirm that this notice is sent to all members on the address noted in the records of society by secretary or manager of the society. The precaution should be taken by Authorized officer that, the period between the date of the notice of meeting & the date of the meeting should not be less than 15 days. It is compulsory to mention clearly in the notice of the meeting that in the absence of sufficient quorum meeting will be adjourned for half an hour & on the same day after half an hour meeting  will  be conducted.  In this notice ,It should be mentioned clearly that the association meeting is for the committee  election of the society  &  mention only  one agenda in the list of agenda.

Subject of the meeting:
It should be clearly mentioned that,
for the election of the management committee of the co.op.  Society---------------------------- for the period, as per the provision in By –Laws no. -----------for the election of the posts-------- in presence of an Authorized officer,  in charge ,Mr.---------------------- as a chair- person, date of the meeting -----, venue-----, time------, will be conducted.

Whatever may be mentioned in the society’s  By-laws about the planning of the management committee , Authorized officer should conduct election for  three reserved  posts as per the provision in  Maharashtra co. op. society  Act 1960 rule 73B, one post for scheduled cast, or scheduled community, one post for other backward class, & one post for freed /liberated cast, vagabond community,  or special backward member & also it is compulsory to conduct election for two posts of ladies as per the provision in MCS Act 1960, Rule 73 C.

 

An Authorized officer should maintain separate record book for minutes of meeting (MOM) for this special meeting of association & it should be in the custody of an Authorized officer.
An Authorized officer should maintain the record of attendance of the members present for the meeting with their names, signatures.

Out of the total members present, the no. of those members having their names in the final voters list & no, of those members not having (not included) their names in the final voters list should be noted in MOM record book, & also, whether the quorum is completed or if not, the meeting is adjourned for half an hour & then conducted, should be noted in MOM record book.
An Authorized officer should be present on the date, time & venue as per the schedule of the special  meeting of association & should proclaim his appointment as the chair-person of the meeting by SCEA & the  following announcement should be done:


“Respected members “, your society is grouped in’ D’ class for the purpose of election as per the Maharashtra co. op. society Act 1960 rule 73 CB & Maharashtra co. op. society (committee election) Rules 2014, rule 4, as per the provision of rule 73, the election of D’ class co. op. society can be conducted in special meeting of association, with reference to this, the meeting is organized . As per the provision in laws ,  SCEA has appointed me as a chair-person of the meeting As per their order dated -------- myself, an authorized officer ---------------- has taken the charge of  a chair -person for the election of management committee for the period  Year------to year ------. Total members ------------ present in the meeting. The quorum completed as per the provision in the society By-laws no. -------


Please take a note of, only those members have a right to vote /nominate in the election process whose name is included in the final voters list. Those members whose name is not included in the final voters list have no right to become a candidate, for seconding & for proposing the candidate or for voting in the election.
After that, he will read the only agenda mentioned in the notice & announce the no. of committee members to be elected, reserved  post  & will notify  nominations  of the candidates, name of the person seconding  & proposing in format E-5.
An Authorized officer will note the names proposing ,seconding & of the candidates in MOM record book with their signatures of approval & will announce the acquired  nominations & will record the same in MOM.
After the scrutiny/valid investigation of nominations  in letter,  Authorized  officer will announce it  & will mention it in MOM record book. An Authorized officer will ask for the withdrawal of nominations & will record the same in MOM .He will declare the name of the candidate who is withdrawing his nomination & will record in MOM with his signature.

An Authorized officer will announce the names of the final eligible  candidates of election (as per  format  E -7  in election  rule ) & will mention in MOM record book.

If nominations for the posts of committee members  as per the required number are attained  then  he will announce unanimous election & will proclaim the newly elected names of the members  &  will record in MOM record book (Election rule format  E- 9)
OR
If more no. of nominations than the determined no. of posts remained,  in that case , he will announce the candidate as per the category (pravargnihay)  & will conduct the election process. At the same time precautions should be taken by Authorized officer that, there is no infringement or contravention of the rights of voting of only those members  whose names are included in the final voters list Also Authorized officer has no right to vote .


After conducting the election Authorized officer will announce the result as per the election rule format E-17 & will keep the records in MOM
An Authorized officer will declare that the special meeting called for committee election is ended.
After the announcement of termination of the meeting Authorized  officer will ask for the signature of present members for the closure of MOM. & after their signatures he will sign & stamp to close the MOM record book.
After that,On the next working day of the date of the meeting, Authorized officer will  submit the election result as per the prescribed format along  with copy of MOM of special meeting of association with signature & stamp.
 

Leaflet-1

Ja. NO.                  /2014                                                                                                                Date

As per Maharashtra co. op. Society 1961rule 60
(Only for members)

Notice for special meeting of association

This is to inform all the members of the ----------------- society that, special meeting of association of the society is called under the guidance of chairman, an Authorized officer, Mr. ------------------------ dated -----------evening at --------p.m.  venue -------------
For the following work .
All the members are requested to attend the meeting in time.
Agenda of the meeting ; the election of the management committee of the co. op. society ----------for period as per the provision in By –laws no. ------ for-------posts to elect.

With the approval from,

Resp. Authorized officer,                                                                    Secretary/  Manager,


Copy to:  All Society members
Special note :  In case the meeting is adjourned because of the insufficient quorum, meeting will be conducted after half an hour at the same venue for which requisite quorum is not necessary.In this meeting ,discussion will be on main agenda of original meeting.

By Punam Agarwal
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