Respected Shri I C Naik Ji,
Referred about you through the internet website. I have following two queries for which I seek your valued opinion.
1.I stay in Prem Court Co-op. Housing Society Limited on Pedder Road. The society is holding its elections on 30th June 2015 and Mr. Minanath Chavan is appointed as the Election Officer to conduct the elections. The information of holding elections in the society was circulated on 18th June 2015 and the Elections are scheduled on 30th June 2015 that is within two weeks, that struck my mind. Therefore I had inquired from the present Secretary of the society who is a lady and on my query generation I was informed that the elections in the society will not be hold by means to a Secret Ballot but will be conducted in a meeting that is scheduled in the society on 30th June 2015 which will be Chaired by the Election Officer and in that meeting the members present will be asked to raise their hands and cast their votes.
I have gone through the Latest Election Rules that are framed and in no place I have found mention of the process of conducting elections by show of hands. I need your opinion on the fact that IS HOLDING ELECTIONS BY SHOW OF HANDS A VALID PROCESS THAT IS ALLOWED BY THE CO-OPERATIVE DEPARTMENT AND THE REGISTRAR OR IS THIS METHOD AN ILLEGAL WAY TO HOLD ELECTIONS AND CAN BE CHALLENGED WITH COMPETENT AUTHORITY? FURTHER WHO IS THE RIGHT PERSON TO WHOM WE SHOULD APPROACH FOR LODGING A COMPLAINT?
2.I am having a flat in Prem Court Society for which a Share Certificate is issued by the Prem Court Society. On the front face of the share certificate the name of my father and mother is written like this “BRIJ MOHAN GUPTA AND RADHIKA RANI GUPTA”. There is no endorsement on the back side of the share certificate. The flat is in joint names of my father and mother. In the year 2003 my father has filed his nomination with the society where in he has stated that after his death 100% Share of the flat will be transferred in the name of my mother and after her death 100% of the flat share will be transferred in my name (son). This nomination is approved by the society and is also noted in the society nomination register on serial no. 65. My father died in year 2009 on 27th June that is exactly 6 years from today. After his death we have not got the share certificate endorsed at the back in the name of my mother as per nomination form accepted by the society. Since in my opinion if a joint owner’s name is appearing on the face of the share certificate than there is no need for the name endorsement on the back of the Joint owner after the death of the first person named in the share certificate. The endorsement can only be possible in two situations i.e in case the of death of my mother or in case she sells off the flat to any other person during her lifetime what is your opinion in this case. The issue here is that in the election of our society that are to be held on 30th June my mother has filed her nomination for reserved ladies seat in the committee of the society.
The society committee members are saying that she can only be allowed to cast her vote and her nomination form that is filed will surely be rejected on the grounds of non endorsement of her name on the back of the share certificate after my father’s death. We have told them that the nomination form of my father declaring his intention to nominate his flat after his death is already accepted by the society and is with the society in its records, yet we feel that they are not convinced. Please provide your opinion on whether my mother can contest the elections in this situation or there is any concrete ground on which the Election Officer can reject her nomination form filed for the election candidature?
I will be much obliged if you mail your opinion to me in writing by reply mail on my following email ids.info@upasna.com or upasna_enterprises@rediffmail.com
I need to take the print out of your opinion to show my committee members so that they get convinced in this matter.
Ranveer Vikram B. Gupta
Prem Court Society,
5, Pedder Road, Mumbai 400 026
I C Naik
Ranveer Vikram B. Gupta has two questions. After death of first named member should the joint holder being a nominee not be treated as a first member automatically and should be allowed to contest elections. Second question is whether election by show of hands in a members’ meeting is legal.
Election Rules has CHS categorized as having membership of 200 and less {D category} and another more than 200 members{C}. Mr Gupta’s information that ballot system is a must for CHS elections are true for C category. For D category it depends on members’ wish. If in the Special General Body Meeting it is so decided to go for a procedure applicable to C category, the election officer has to organize Ballot System otherwise it is by show of hands.
Second named person in the share certificate is an Associate member. He ceases to be an Associate member upon death of the first named member.
Where a nominee has been appointed by the deceased such nominee has to be admitted to membership by the Committee. Bye law provisions as per Model 1984 is as under:
Bye Law No 36. Subject to the provisions of the bye-law No. 17A or 19, on the death of a member, the society shall transfer the shares and interest of the deceased member in the Capital/Property of the society to the Nominee/Nominees.
If there are more than one Nominee, on the death of a member, such Nominees shall make Joint Application to the society and indicate the name of the Nominees who should be enrolled as membr. The other nominees shall be enrolled as Joint/Associate Members unless the nominees indicate otherwise.
The Nominee is expected to apply for membership.
It appears you have been waiting for Society to initiate the process of conferring membership to the nominee.
The election officer did not find name of your mother in the voter’s list and as such her nomination has been denied, rightly so.
