On the basis of arrest only any body can not be barred from contesting the election however if he is defaulter in payment of dues outstanding over six months then he can not contest.
Person with criminal charges contesting CHS elections
Our society elections are scheduled shortly. One member was recently taken by police in custody for complaint of extortion of money and kidnaping and is out on bail after 10 days of imprisonment. This member is contesting society election. Is he eligible for contesting society elections ? If not what action the society should take from stopping his candidature.
Asked 7 years ago in Civil Law
12 Answers
Is such member with criminal back ground eligible to stay in CHS.
Asked 7 years ago
This is my response to you:
1. The candidate can be stopped as per the provisions of the bye-laws of your CHS;
2. You can file a complaint to the State Cooperative Election Authority under section 73CB;
3. You can refer to the bye-laws here: https://sahakarayukta.maharashtra.gov.in/SITE/PDF/Rules_Acts_Bylaws/Model_Bye_Laws_of_Coop_Housing_Society_New_Flatowner_Type_(2-9-14)%20(1).pdf
4. You should definitely take legal action against the candidate;
5. You can then take him to co-operative court as a method of last resort.
1. Refer to the bye laws of the society or the societies act of your state.
2. if there is any such disqualification then only he can be debarred from contesting.
3. Otherwise you can not stop him from contesting CHS election.
4 If there is such disqualification then apply for cancelling his candidature from the office of Registrar of Society or seek injunction.
Hi, it is advisable to file a WRIT In high court and obtain a stay order on his contesting post
Member can contest elections as he has not been convicted of any offence of extortion and kidnapping
Member has not been convicted of any offence
2) he is entitled to stay in CHS
One of the lawyer has replied that since the person is not convicted he cannot be stopped. What does convicting mean? The person is already charged on extortion and kidnaping offence. He was in jail for 10 days for getting bail and the case is under progress. Are the society member not at risk due to such person being in society working committee or acting as Chairman. How does the society secure it self from such person staying in the society with criminal background.
Asked 7 years ago
This is my further response to you:
1. Technically speaking he is still not convicted, and only continues to remain accused;
2. And plus he is on bail therefore he cannot be said to be a convicted offender or a criminal;
3. But the society members in AGM can pronounce that, that him becoming a committee members there is anticipation of his criminal activities coming up front in the society's functioning;
4. And also if he is convicted in the near future, it would create untimely vacancy which is not required by the society;
5. Therefore in the best interests it would be better if you file a complain to the State Cooperative Election Authority under section 73CB.
This is not a question of any risk or not. It is a question of laws or bye laws prohibiting his candidature for contesting the election.
If there is none then i regret you can not stop him from throwing his hat into the ring.
Conviction is Court after trial finds accused guilty and sentences him to imprisonment
2) in present case accused is on bail only FIR is lodged against accused
First confirm the society bye laws about this that whether there's any restrictions for the candidates with criminal background to not to contest the election.
If there is no such bye laws then you cannot restrict him from contesting the election.
There is no illegality in it.
You can check it up with the bye laws about it.
Conviction means he is to be found guilty and sentenced to undergo the verdict against him.
In the absence of conviction you cannot conclude him to be a criminal.