1) Schedule II of Delhi Cooperative Societies Rules 2007 lays down:
i) The committee shall meet at least 60 days in advance of its expiry of term and determine the time for convening a GENERAL BODY MEETING FOR CONDUCT OF ELECTIONS OF THE NEXT MANAGING COMMITTEE.
Last election in society was on 06.12.2006 and MC met on 20.09.2009 and decided to hold election on 15.11.2009
Whereas A.G.M was held on 17.1.2010.
As per the rule stated above the A.G.M should have been held prior to Elections and NOT AFTER THAT. This clearly proves the judgement issued is not as per law
2) Appointment of R.O
It is established law,” Justice should not only be done in any matter BUT it should also APPEAR to have been done “. In case wife of any Returning office is contesting the elections , the R.O cannot APPEAR to have done justice to the election process.
3) Defaulter list displayed at notice board and due notice sent to defaulting members
The arbitrator has accepted that list was displayed 30 days before the election date without even seeing the defaulters list which is WITHOUT any dispatch number in the dispatch register of society office. Thus the pasting of Defaulter list on notice board cannot be taken on records.
The arbitrator has stated that there is NO PROVISION OF INFORMING DEAFAULTERS INDIVIDUALLY FOR ELECTION PURPOSES. In this regard Section 25 of DCS ACT 2003 has stated that defaulter member shall be who has NOT paid annual subscription as provided in the bye-laws of the society. The arbitrator has completely ignored that the annual subscription for security has not been included in the bye-laws of the society. Thus society is NOT LEGALLY EMPOWERED to take the security charges. However in good gesture people should contribute towards security charges.
The arbitrator has also NOT bothered to read that section 25 states that “ DUE NOTICE FOR PAYMENTS SHALL BE SERVED ON THE DEFAULTING MEMBER” . It has NO relation with the conduct of elections.
The Defaulters has to be informed at the moment he/she is declared DEFAULTER.
