• Can we do online voting for RWA election in society registered under Karnataka Society Act 1960

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.
Asked 3 years ago in Business Law

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16 Answers

Yes but with consent of all members and informing the dy registrar as there is no such provision in the Act. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

You need to have voting by secret ballot as provided in your bye laws 

 

2) on account of pandemic elections have been postponed 

 

 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Election should be acc. To bylaws. Give application to registrar to permit election through online mode.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

A resolution must be passed in the GBM and then an online election be held in the extraordinary circumstances prevailing in the world.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

- 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. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You need to have a proper software if you want to conduct an online election. 

This requires a lot of vigilance for online election 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Yes you can do it.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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