9/28/21, 11:54 PM Election Procedure for Housing Societies | MyGate

Election Procedure for Housing Societies

Co-operative housing societies follow the model bye-laws, which are comprehensive and prescribe a number of rules and
procedures for elections. In this article, we will simplify and decode the procedure for Election in Housing Societies, covering the
important facets that truly matter.

Table of contents

1. Election Due Date

2. Voting Rights

3. Forming a Managing Committee

4. Election Procedures and Rules in Housing Societies

Election Due Date

Within the first three months of registration of the society, the Chief Promoter is required to call the First General Body Meeting of
the society, Election being one of the topmost priorities of the meeting along with the constitution of the Provisional Committee
until regular elections are held under bye-laws of the Society. Regular elections are supposed to be held once every five years as per
the Bye-Laws.

Voting Rights
All members: According to a recent amendment, any eligible or associate member is to be granted the right to vote as soon as
he/she is admitted as a member of the society.

On house, one vote: Each unit of a housing society has a vote. For example, if you own multiple flats/houses in a society, each of
them is liable to get a vote. Even those who default payments are allowed to vote.

Quorum for Meeting

Number of members in a (simple majority of the
General Reserved (Women SC/ST Total
Society existing Committee
OBC VJ/NT/SBC)
Members)

6 5 11 6
Upto 100

8 5 13 7
101 to 200

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10 5 15 8
201 to 300

12 5 17 9
301 to 500

14 5 19 10
501 and above

Who is not eligible for candidature?

According to the Model Bye-Laws, a critical reason for a member to not be able to contest an election is If he defaults the payment
of dues to the society, within three months from the date of service of notice in writing.

An Associate Member (a person with joint ownership whose name does not stand first in the Share Certificate) for whom the
Original Member has not issued a No-Objection Certificate cannot contest the Election.

Proposers (someone who nominates a candidate) and seconders (someone who supports the nomination) have no such
restrictions as they are allowed to nominate and support any number of candidatures irrespective of defaulted payments or arrears.

How many members are required in a Managing Committee?

Under Bye-Law 113, the strength of the Managing Committee could be made up of 11, 13, 15, 17 or 19 members, with respect to the
number of total members in the society. The break-up is as follows:

Forming a Managing Committee

Model Bye-Laws from 114 to 116 have put forth certain laws that help you in forming a strong and reliable Managing Committee.

Members of the Committee are to be elected every five years (before the expiry of the five-year term). An E-2 form to be submitted
to the to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer six months prior to the expiry of
the Committee period of the society in case if the society has over 200 members. If they do not notify the State Election Authority
and continue to hold office, it is a violation of the law resulting in action from the Registrar.

In order to oversee the objectives, special requirements or functions of the Society, two Expert Directors and/or two Functional
Directors may be co-opted. But they will have no right to vote and do not count as members of the Managing Committee.

No office bearer is allowed to have any financial, transactional or vested interests with regards to the society, unless the financial
transactions involve giving residential accommodation to the paid member of the society.

Societies with less than 200 members conducting independent elections are liable for a Rs 25,000 fine if they fail to produce
accounts, documents, or paperwork to the government or the members of the society.

Who is not eligible for joining the Managing Committee and is disqualified from it?

Members with questionable moral behaviour, defaulted payments within three months of written notice, Associate Member without
NOC from original member are not eligible. Anyone who sublets or rents their house without notifying the society in advance is also
not eligible.

Anyone who fails to furnish valid bookkeeping/expenditure records with respect to the funds provided by the society is not eligible.
Anyone who neglects their assigned duties and is deemed to be in breach of trust is not eligible to be part of the committee.

Over and above that, if a member has failed to attend any three consecutive monthly meetings of the Committee, without leave of
absence, he is disqualified from the Committee.

Retired members who have not been disqualified are eligible for election.

Election Procedures and Rules in Housing Societies

At least three months prior to the Election date, the initial procedures must be declared to the voters by the Managing Committee (
or the Provisional Managing Committee in case if the first Election is to be conducted).

A Returning Officer should be appointed to carry out the Voting Procedures and ensure adherence of the rules. A Returning Officer
should be someone who is not contesting the Election in any capacity. Nor should he be proposing or seconding a candidate. In
other words, he should be an absolutely unbiased and trusted individual. Usually, someone takes up this position voluntarily.

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Otherwise, members jointly entrust the responsibilities on a member they deem fit for the duties. In many cases, a financial
compensation is made to the Returning Officer for his professional services.

The Conduct of Election should involve the following steps that make the entire procedure methodical and hassle-free. Each
process should be published on the Notice Board of the society within ten days of displaying the final list of the voters.

S.No. Steps Requirement

Date of declaration of

1. Date to be announced at the time of declaration of programme.

election programme
2. Last date for making nominations 5 days from the date of declaration of election programme.
The date of publication of list of
3. As and when received till the last date fixed for making nominations.
nominations received
4. Date of scrutiny of nominations. Next day of the last date for making nominations
Date of publication of list of valid
5. Next day after the date of completion of scrutiny.
nominations after scrutiny.
Date by which candidature may be Within 15 days from the date of publication of list of valid nominations after
6.
withdrawn. scrutiny
Date of publication of the final list of
7. contesting candidates and allotment of The day after the last day of fixed for withdrawal of candidature.
election symbols.
Date and time during which and the place/ Not earlier than 7 days but not later than 15 days from the date of publication of
8. places at which the poll shall be taken if the final list of contesting candidate (time and place to be fixed by the Returning
necessary. Officer).
Not later than the third day from the date of which the poll shall be taken (Time
9. Date, time and place for counting of votes.
and place to be fixed by the Returning Officer).
10. Date of declaration of results of voting. Immediately after the counting of votes.

If the paid up share capital of the said society is more than Rs. 10, 000, the voting is conducted by secret ballot.

At the time of the voting, each member is shown an empty ballot box before they cast their vote. The Ballot Paper usually has the
seal of the society and the counterfoil the initials of the Returning Officer. The Ballot Box is sealed in front of the voters and all the
documents/votes relevant to the Election are stored safely by the Secretary who is required to preserve them for three months and
then destroy them afterwards. This is done in case of disputes.

After the results, the current committee hands over the charge to the newly elected committee.

In summary, timely execution of required procedures is quite essential to carry out an Election successfully. At each step of the way,
the members need clarity and transparency from the elected members . At the same time, members need to be proactively involved
in the election procedures as it is commonly observed in many housing societies that the same individuals are selected as office
bearers in every term. This may lead to lethargy, inefficiency, or malfeasance in many cases.

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30 thoughts on “Election Procedure for Housing Societies”

Ashvin says:
October 3, 2019 at 10:07 am
Can society use electronic communications for voting. Is it legal?

Is there any such support in your application.

Reply
Dilip Kumar says:
November 29, 2019 at 3:30 pm
What is the maximum continuous permissible tenure allowed for the same members of a Managing Committee in a co operative
housing society??

Reply
1. Xubi says:
December 20, 2019 at 3:40 pm
If re-elected after every 5 years there is no maximum period a member can continue as MC member

Reply
T Balasubramanian says:
December 1, 2019 at 2:36 am
Sir,

If the contastant for post ended in tie in results, is processing officer can cast his vote to make one candidate to win?

Reply
Mohammed nazeer says:
January 5, 2020 at 1:46 pm
Hi

I am nazeer

I am proxy for 20flats out of 120flats in apartment on four different owner’s from same family,can i caste 20 proxy votes, or how
many proxy allowed for each person. please do needful

Reply
Krishna says:
January 13, 2020 at 3:17 pm
The flat purchased through bank loan and still it not cleared can can that flat registered on wife can husband contest for
appartment society elections file nomination

Krishna Kumar email advocatekrishnakumar18@gmail.com krishnakumar4242@gmail.com

Reply
Shaurya Roy says:

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9/28/21, 11:54 PM Election Procedure for Housing Societies | MyGate

January 14, 2020 at 4:19 am

Please send a copy of the bye law to my email address

Reply
sudhakar says:
February 3, 2020 at 6:24 am
Is the spouse of the legal owner [Husband or wife] of the flat eligible to contest in society election with NOC of the legal owner?

Reply
RAJENDRA JADHAV says:
February 13, 2020 at 8:19 am
in our society 40 members.

Election is mandatory or not ?

If election is not require for 40 members.

Please share us GR copy

Reply
RAJENDRA JADHAV says:
February 13, 2020 at 8:21 am
please share GR copy of chs elections

in our society 40 members.

Election is mandatory or not ?

If election is not require for 40 members.

Please share us GR copy

Reply
Shivanand Rayangoudra says:
February 15, 2020 at 8:43 pm
ಒಬ್ಬ ಅಭ್ಯರ್ಥಿಯನ್ನು ಗೆಲ್ಲುವಂತೆ ಪ್ರಕ್ರಿಯೆ ಅಧಿಕಾರಿ ತನ್ನ ಮತ ಚಲಾಯಿಸಬಹುದೇ?

Reply
Jigar. says:
February 25, 2020 at 9:40 am
In Co operative housing service society elected secretary can apply for new Management committee ? Please help me urgent

Reply
shubhangi says:
February 28, 2020 at 10:24 am
Please share us GR copy

Reply
Pradeep Kulkarni says:
March 7, 2020 at 12:36 pm
Can society elections be held before expiry date after completing 3years

Reply
N N Pantwalavalkar says:
March 11, 2020 at 3:25 pm
Our society MC terms end by 31st March 2020. We are ready for fresh election but it is understood that presently there is ban on
election by Govt. What is way out

N N Pantwalavalkar

MC Committee Member

Reply
J.kpatra says:
March 13, 2020 at 3:46 pm
Our houseing soc.is registered.members is only 60.is election is required?PL.advice.

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Reply
Nitesh Agarwal says:
May 9, 2020 at 3:02 am
When the Society Association nomination form is filled, then how many people from the same family can stand for election.

Reply
Satyajit says:
May 12, 2020 at 3:30 am
We have 40 member in our society our Committee is expire but due to no gr on Election there r postponing the election

Kindly Guide on this

Reply
Abdullah says:
May 12, 2020 at 7:02 am
In our society chairman have 4 kids.

Can 4 kids person contest chairman post election

Reply
Vimal says:
May 17, 2020 at 2:04 pm
Does the MC still stand valid if 3 members out of 7 resigned from the current position?

Left out members are President, Vice President and Secretory.

Please advice on how to bring rest of them down to form new committee

Thanks in Advance

Reply
Albert Dsouza says:
May 17, 2020 at 2:24 pm
Dear sir/madam

My question

Can the society secretary chairman and treasurer can be re-elected after completion of 10yrs in the managing committee?

Thank you

Albert

Reply
Santosh Nair says:
May 17, 2020 at 2:28 pm
Can society committee form unanimosly.

Reply
L. KISHAN REDDY says:
May 19, 2020 at 3:09 pm
When should be the voter list published, before election notification or after notification. Can a person who is not a registered
owner/s on the day of election notification contest the election

Reply
Jasica Nagpal says:
May 26, 2020 at 12:48 pm
Can senior citizens (parents of owners) residing permanently be nominated for election process?

Reply
Venkat says:
June 1, 2020 at 6:29 am
The society is not registered yet. It is still with builder . There are some people who are managing the day to day works of the
society . Do they have any legal powers to allow/ disallow anything in society ?

Reply

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9/28/21, 11:54 PM Election Procedure for Housing Societies | MyGate

Colonel Surendra Sharma says:

June 3, 2020 at 5:26 pm
We have gated residential colony named

LA CITY ,Dunga ,DEHRADUN-, it is registered with RERA , UTTARAKHAND since 2017 n

project registration is valid upto June 2022, so far the builder / promoter has not formed the RWA ,as per the RERA he is supposed
to form the RWA within 3 months, the builder is bent upon not to form it before June 2022 therefore we have lodged our complaints
in RERA ,case is going on ,in the meantime

few residents have formed a RWA w/o registration ,some r not even owners of villa/ plots, ur advice is solicited

Can the residents form the RWA which is not registered

Can the non stakeholders take part in deliberations of the meetings n cast votes

Reply
Lakshmanan says:
June 8, 2020 at 5:23 am
The term of the present managing committee ends on 30th.June. The Managing committee has not appointed even the election
officer till now. What is the legal status of the Managing Committee on 1st July?

Reply
Madan Lal Sharma says:
June 10, 2020 at 11:05 am
What is the procedure for electing members for a society if the builder has not handed over the flats in full and there is delay in
completing the society ?

Reply
Raj j says:
June 12, 2020 at 1:40 pm
What is the status of managing committee after its expiry of term.

Reply
Ibrahim says:
June 14, 2020 at 3:53 pm
Our apartment was registered in 2018 and the initially elected committe members continued to be in power till 2020 Feb. Re-
elections were held on Feb and new members were elected. Is it necessary to update these members details with the registrar of
society? If this is mandatory, could you please let us know if this can be done online?

Reply

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