Election Rules for Societies

In Gujarat, there are rules for forming a Managing Committee for commercial or housing service societies.

Definition

1.  “The law” means the Gujarat Cooperative Societies Act, 1961 and the rules implementing it.
2.  “Bylaws” refer to the bylaws of the specific Co-operative Housing Service Society, as amended and altered.
3. A society’s Managing Committee appoints its Electoral Officer.
4.  “Assistant Election Officer” refers to any member of the staff or other person other than those whom the Election officer has appointed to assist him.
5. A voter” is anyone who is eligible to vote as of 31st March under these rules or the society’s bylaws.

List of voters to be published

1. According to the Register of Society members, the society’s Secretary shall prepare a separate list of members every five years as of 31st March. The same list shall be posted on the notice board of the society’s office on the date of the election timetable, as determined by its Managing Committee, along with its signature.
2. As per the date of the timetable of the election, any member who objects to the voters’ list must inform the Secretary in writing of the reasons in that regard.
3. According to the timetable set by the Managing Committee, the election officer shall publish the final voters’ list after considering objections against the voters’ list.
4. Nominated members cannot vote, contest the election of the Managing committee, propose or support candidates.
5. Regardless of any other provisions in the society’s bylaws, any person….
   •  In accordance with the arbitration proceedings, who has received dues from this or any other society in the last three years.
   •  Directly or indirectly being related to a Society’s engineer, contractor, surveyor, legal advisor, or land owner.
   • He cannot be a candidate for election to the Managing Committee if he is employed, a servant, or the person has a relationship with him.

Vacant Posts Declaration

1. It is the responsibility of the managing committee to vacate all posts every five years.
2. Vacant posts shall be announced on the society’s notice board by the managing committee every five years.
3. The provisions of the Act shall apply if any vacancy occurs within the 5 year period.

Forms for candidates

1. Candidates for vacant seats (Form No. 1) will be accepted between 9 a.m. and 12 p.m. on working days at the Election officer’s office or the Society’s office as per the timetable of the election, which has been set by the Managing Committee, for which a receipt will be issued.
2. The Managing Committee seat being vacant can be filled by any eligible voter.
3. There is a limit of one seat per eligible voter on the Managing Committee, and each voter may support only one seat.
4. After obtaining signatures from each voter, they will receive free of charge candidacy forms from the Society’s office during working hours. However, each voter may only receive one candidacy form.
5. Complete and neatly fill out the application forms.
6. As per the timetable set by the Election officer and the Managing Committee, the candidature forms will be verified in the presence of the candidates, after considering any objections, or he will comment. There are only certain reasons for rejecting candidature forms as stated in laws, rules, bylaws, or elections.
7. The list of candidates for the election will be published with his signature on the notice board of the Society at 4 p.m. on the same date.
8. A list of the remaining final candidates, along with the officer’s signature, shall be published on the society’s notice board if any candidature forms are withdrawn.
9. Election officers shall declare candidates elected as uncontested as soon as they are equivalent to the vacant seats declared by the Managing Committee and this declaration shall be made in both the society’s annual report and the society’s general meeting.
10. Elections will be held if there are more candidates than the declared posts for election, and if necessary, election symbols / marks will be issued to each candidate.
11. The Managing Committee shall fill the vacant seats if there are fewer nomination forms than vacant seats after the Annual General Meeting, for the full tenure of the vacant seat.

Polling

1. According to the schedule fixed by the Managing Committee, the election shall be held at the location specified by the Managing Committee between 9 a.m. and 11 p.m.
2. There shall be an alphabetical arrangement of the candidates’ names in the voting sheet (Form No 2).
3. The voters may vote for as many candidates as there are vacant seats on the Managing Committee. However, each voter may not vote for more than one candidate.
4. A cross ( X ) should be marked in the column to indicate polling.
5. Arrangements must be made for the polling to be conducted in a secret manner by the election officer.

Ballots are counted

1. As soon as polling is over, the votes will be counted in the presence of the candidates, and as soon as the results of the vote have been declared, they will be announced. In the event of a plurality of votes, the candidate will be considered elected.
2. Upon the election officer’s signature, the result will be published on the society’s notice board on the same day. It is also the responsibility of the Society to publish the results of the elections in its Annual report, and to inform the Annual General Meeting of the results and to take a note of them.
3. These ballots will be rejected by the Election Officer when the votes are counted.
   • More than one vote is given to a candidate.
   • In the event that the number of votes given is less than the number of vacant seats.
   • When it is not clear which candidate’s column the cross is in.
   • In the event there has been any further tempering with the ballot paper, the election officer will make a note on the ballot with his short initial for objection.
4. A member will be declared elected if both candidates receive the same number of votes, by lifting up a chit with the names of both.
5. When the counting of votes has been completed, a candidate may request a re-count by informing the Election officer in writing.
6. As soon as the election officer receives such a written application, the result will be re-counted as before.

Miscellaneous

1. Following the counting of polls and the declaration of the results, the entire election literature must be placed in the ballot box and sealed by the election officer, and the ballot box should be placed in a safe place under the supervision of the Secretary of State.
2. A voter who objects to the election procedure can seek redress through the Arbitration proceedings in accordance with Section 96 of the Act within two months of the announcement of the result.
3. Within two months’ time of arrival of the arbitration solution, if any voter has gone to arbitration, and if no voter has gone to arbitration, the Secretary shall destroy the election literature in the presence of the Society Chairman after two months’ time since declaring the election result.
4. The timetable, date and time will be determined by the Managing committee. In any special case, the election officer may change the dates as well as the polling date if he deems fit. In such cases, the Chairman shall publish a declaration with his signature on the Society’s notice board.
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 Regardless of what is contrary in other provisions of these rules or in the byelaws of the society, these provisions automatically apply to this society and shall override the provisions of the State Government’s laws governing the election of the Managing Committee or the election of members of the Committee.
6. If any disagreement arises regarding the interpretation of these rules, then the District Registrar’s decision will be the final and binding decision.