• Conduct of subordinate Election officers conducting Election in a Residential complex in Tamilnadu

Dear Learned Friends,. 
The advises from this Forum has been exemplary and very useful to me to conduct the on going Election in our residential complex. 
Thanks a lot sirs. 
Now I have a problem in hand and need your expert guidance to deal. 
I was nominated by EGBM called by the Association as Election officer ( Returning Officer) along with Three more people. 
Now the whole set of office bearers have resigned and now the ex officers are doing care takers job. 
The nominations for various posts are being called for. 
One of the member of the election team ( nominated by EGBM) has approached some persons to contest for the election and they have reported this to the candidates ( ex office bearers) who have sent mail to me questioning the action that will be taken by the EO( that is me) 
Now on enquiry the particular Election Team member says that to strengthen the democratic system he has done that and nothing wrong in his canvassing candidates. Or else the old team will go unopposed. He also says that he is first owner and then only member of election team. 
My questions are:
1. Is my team member is right in doing this to strengthening the democratic system? 
2. Since all of us are elected by EGBM and presently there is only care taker office bearers who will take action and what action has to be taken - if he is wrong? 
I do not want this point to be used as a canvassing point by contestants, saying that Election Team is partial and biased. 
kindly help me. 
Krishnan K V
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

1)team member should not have approached any member of society to stand for election officer . his job is only to conduct elections and not do canvassing

2) you should send letter to him expressing strong displeasure of his conduct and ask him to refrain from approaching members to stand for elections

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

1. even if the team member has approached certain members for contesting the election, it is upto those members whether to stand for elections or not

2. ultimately it will be the final votes cast by the society members which will prevail

3. but if that team member approaches a particular member and then goes to other members to vote for that member then it will be like influencing the outcome of the elections

4. merely by approaching the society members to stand for and contest the elections, in my view, i do not see any wrong doing by your team member, because it is upto the general body of society members whom to elect and whom to not

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Dear Client,

Very poor understanding, being part of election team, this act shows favoritism and against the policy of free and fair trials. Act is same as same as insider trading if he was in the company.

He have to be neutral and abide by election codes. If he claims to be members first than part of ET than he is should be terminate and enjoy membership.

1. Is my team member is right in doing this to strengthening the democratic system? --- Violation of election code.

2. Since all of us are elected by EGBM and presently there is only care taker office bearers who will take action and what action has to be taken - if he is wrong? ---- terminate

I do not want this point to be used as a canvassing point by contestants, saying that Election Team is partial and biased.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Sir the member act is violation of election rules as he can promote the election but cannot request some members individually further issue the warning to the such member ask him to further refrain himself from such act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For query one since he Is a member of your team he shouldn't have approached anyone for canvassing since being a member of election team he is bound to be impartial and not biased towards particular candidate.

If he is wrong his name should be withdrawn/terminated from the team and new person should be appointed on his place.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

1. If a member of the Election Team stands as a candidate, there will be conflict of interest. He has to quit the Election Team first and then stake his claim.

2. The Election Team may very well advise him in writing that he cannot be part of the Election Team and stand as a candidate at the same time. If need be, the Election Team may take appropriate action against him, as it has been nominated by the EGBM.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Sir,

My answers are as follows:

1. Is my team member is right in doing this to strengthening the democratic system?

Ans: His action is correct unless it is evidenced by concrete documents, he may deny the same if you approach the Court or other authority.

2. Since all of us are elected by EGBM and presently there is only care taker office bearers who will take action and what action has to be taken - if he is wrong?

I do not want this point to be used as a canvassing point by contestants, saying that Election Team is partial and biased.

kindly help me.

Ans: You may lodge a complaint with a appropriate authority to cancel his nomination.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

As an election officer in charge of the entire election team , you have certain rights to exercise control over the team working under you.

If the allegations are found to be correct you can issue a show cause notice to the erring team member and if his reply is not satisfactory you can initiate proper legal action as per rules which may include removing him from the post and find a suitable replacement.

This is a momentary decision taken judiciously.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

The election has to be conducted and the various elected committee should be constituted. The ex office bearers cant be said as committee members. No in present case your election team can't be called bias

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

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