Yes but with consent of all members and informing the dy registrar as there is no such provision in the Act.
Our society is in Bangalore and registered under Karnataka Society Act 1960. Very soon we will be having election to select the societies office bearers for 7 posts. So wanted to know as currently its a pandemic time then can we conduct online voting using MyGate app or so. Or we need to have in person secret ballot voting only as mentioned in Act and Bye laws. I think as it is pandemic time where gathering is prohibited and social distance needs to be put ,we can have online voting. Please suggest.
Yes but with consent of all members and informing the dy registrar as there is no such provision in the Act.
You need to have voting by secret ballot as provided in your bye laws
2) on account of pandemic elections have been postponed
Election should be acc. To bylaws. Give application to registrar to permit election through online mode.
The KAOA is silent on the issue of online voting in such large scale.
Therefore if you conduct many flat owners may challenge this due to lack of legal mandate.
Therefore first get an advisory from the Competent Officer on the issue. If he gives green signal then only go for online voting alone.
Otherwise either postpone it or keeping social distancing norms conduct election on ballot papers only.
A resolution must be passed in the GBM and then an online election be held in the extraordinary circumstances prevailing in the world.
1. Online Voting for Elections is possible, PROVIDED a general body resolution for the said is passed unanimously.
2. Online voting can be monitored and duly recorded by a specifically delegated neutral Election (Returning) Officer duly appointed in a General Body meeting. The report of the election officer as far as authentic /genuine shall be final for vote counting proceedings.
- Yes, legally you can conduct online voting in the current situation.
- But notice should be issued as per the rules of Society members.
- You need to pass a resolution in the GBM through using MyGate app , so that no member can challenge the same in future.
This is going to perform inside the society area so the bullet paper can be approved by keeping safe distance and at a time 5-10 member in a queue for voting not more than that because For Election officer are government employees from sub registrar office of Co-op society.
At this point of time voting online is not permitted on apps where the data can be easily manipulated.
event during this situation if election is being conducted that be conducted by the ballot only
You need to have a proper software if you want to conduct an online election.
This requires a lot of vigilance for online election
No law has prohibited online voting in the election of Society untill it is obviously objected by anyone on malpractice issues of voting rights in the ELECTION.
You need to check the circular of Government of Karnataka or Commissioner of Co-operation department prohibiting elections of MC members and office bearers of Society during lockdown and COVID-19 pandemic period.
1. Online voting can be done if a resolution to this effect is passed by the majority of all members.
2. Secret ballot is not required unless the byelaws mandate that it can be through secret ballot only, in which byelaws will have to be first amended.
E voting can be done by members giving written consent to resolution and can be counted.
Only in case of elections E voting is not allowed.
The pandemic situation has not authorised to to conduct the business violating the laws.
How can you take law so easily?
The bylaws meant for certain purposes have to be followed up accordingly and cannot be changed as per one's desires or whims.
The decision to conduct election is a annual process as per the bylaws of the association.
You may have to adopt the procedures as laid down
Dear Sir,
You are suggested to go through the bye laws given in this regard and if requires amend the bye laws and get approval for evoting because secret ballot system may not be suitable/advisable due to the COVID 19 pandemic.