CHS elections in Maharashtra: Some facts

By I C Naik

The BJP govt is all set to wind up housing Society Committee elections before December 31. The Cooperation Minister has thrown a challenge in a way to the State Cooperative Department. According to a estimate nearly 30000 housing societies in Mumbai (Old and New) have committees in office well beyond 5 years.

On 11th September 2014 the Government superseded all rules related to elections in cooperative societies by notifying the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (Referred to as the Election Rules).

The Election Rules created four distinct categories A, B, C and D Type of Societies for election purposes. Housing societies are in C (more than 200 Member Societies) and D for smaller ones. Rule No. 75 and No.76 specify election procedures for these societies. D type societies will spend less as elections are to be monitored by the Ward Cooperative Election Officer (WCEO) in their Special general body meetings (SGBM). C types have to follow detail procedures applicable to A & B Type societies with appropriate moderation. D type Societies can also ask for elections as per Rules applicable to C types involving secret ballots. The procedure for D type housing societies is as under:

• A list of voters is to be submitted to the WCEO immediately
• The WCEO will appoint Presiding officer who will convene the SGBM for this purpose giving at least 15 days’ notice.
• Presiding Officer has no voting right
• In case of failure of to elect committee in SGBM the Presiding officer will report that fact to the WCEO who will conduct the election as per Rule 75.
• Election of office bearers shall be held within fifteen days in the first meeting of the committee which shall be presided over by the officer authorized by the SCEA.
• The Presiding officer shall submit report to the State Cooperative Election Authority within two days of the meeting of new managing committee.

LARGER HOUSING SOCIETIES (200+ Membership)

Rule 75 (Part IX) lays down a special procedure high lights of which are as under:

1. Before one hundred eighty days of expiry of the term of committee these societies were to inform to the WCEO with four copies of list of active members. {Now it is to be done forthwith} {This time all members are deemed to be active including defaulters].
2. The WCEO to appoint a Returning Officer (RO) from office of the Co-operation Department who shall prepare an election program with the approval of WCEO as under.

Sr. No.       Particulars                        Period                                                                                                                                                    Days

1 Publication of the Election program and provisional voter list.     Next date to the day on which WCEO has approved the election program.            1

2. Inviting claims and objections on provisional voter list.  Within a period of 5 days from the date of publication of provisional voter list.           5
3. Decisions on claims and objections on provisional voter list.       Within 2 days from the last date of making claims and objections on provisional voter list.       7
4. Publication of the Final voter list.           Next date to the day fixed for decisions on claims and objections on provisional voter list.           8
5. Last date for making nominations.        5 days from the date of publication of the final voter list 13
6. Publication of the list of nominations.  On the last date and after the expiry of the time for nomination 13
7. Date of scrutiny            Next date of the last date for making nomination.              14
8. Date of publication of list of valid nominations.               Next day after the date of completion of scrutiny of nominations. 15
9. Date by which candidature may be withdrawn.              After 15 days from the date of publication of valid nominations.            30
10. Date of publication of Final List of contesting candidates and allotment of symbols.       The date next succeeding the last date fixed for withdrawal of candidature (The place and time shall be fixed by the Returning Officer).    30
11. Date and time during which and the place at which the poll shall be taken.         Minimum 5 days after the date of withdrawal of candidature.         35
12. Date time and place for counting Votes.           Immediately after polling is over 35
13. Date of declaration of results                 Immediately after counting of votes is over         35

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As of to-day only 39 days are left in which 35 days will take to complete election. New Committee can still take charge by December 31, if everyone acted swiftly without using up all 35 days. With efficiency they should sum up in 25 days.

Associate Members are eligible to be nominated to contest election is a good relief to confused cooperators. For housing societies practically every member has at least one Associate Member.

If the nomination is rejected by the Returning Officer, an appeal to Registrar is to be made within three days from the date of rejection. Registrar will dispose of such appeal within ten days of the date of receipt of such appeal.

Post Elections:

1. The Returning Officer to submit the result to the WCEO within two days.
2. The WCEO to publish a notification of elected candidate within three days after receiving the result of election and give direction to Returning Officer to choose office bearer within the period of ten days.
3. Election of these type of societies shall be conducted according to procedure laid down in these rules except the time and date prescribed in this rule.