• In RWA Elections, for societies in Haryana - who is eligible to be a returning/election officer?

1. Is it compulsory to apply to District Sub-Registrar for appointment of Returning Officer? 
2. Or can it be a member from the society? 
3. If the society members decide to choose an outsider to be a returning officer is that allowed? Will they have to take permission from District Sub-Registrar
Asked 10 months ago in Consumer Law

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7 Answers

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. 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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It is necessary to appoint returning officer for elections .you have to make application to district sub registrar 

 

2) returning officer can be from panel of election officers in your city 

 

3) it cannot be. member of society 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. Sub-Registrar is not authority to appoint returning office, it is appointed by committee.
  2. He shall not be a member or an employee of the society, but a man of integrity, good social repute and competent to conduct elections in a fair manner.
  3. No permission is required from Sub-Registrar.
  4. Elaborate procedure is laid down for conduct of election with guidelines under DCSA. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Yes he is a person appointed by office do dy registrar only

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations


Returning Officer in RWA Elections (Haryana)

1️⃣ Is it compulsory to apply to District Sub-Registrar for appointment of Returning Officer?

  • 🔹 Yes, as per Haryana Registration & Regulation of Societies Act, the District Registrar/Sub-Registrar may need to be informed or approve the election process.

2️⃣ Can it be a member from the society?

  • 🔹 No, typically the Returning Officer should be neutral, and most societies appoint an independent person (not a candidate or interested party).

3️⃣ Can society members appoint an outsider as the Returning Officer?

  • 🔹 Yes, societies can appoint an independent outsider (e.g., a retired judge, lawyer, or government officer) to maintain fairness.
  • 🔹 Approval from District Sub-Registrar may be required, depending on society bylaws and Haryana RWA rules.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2070 Answers
14 Consultations

Hello Client,

  

The elections of resident welfare associations in Haryan are covered by the Haryana Registration and Regulation of Societies Act of 2012 and the Haryana Apartment Ownership Act of 1983, where applicable. For your society’s by-laws and local rules, a Returning Officer appointment case is responsible for your society’s rules and regulations. Now let’s see the answers for your specific queries.

  

1. Is it compulsory to apply to the District Sub-Registrar for the appointment of a Returning Officer?

  

There is no need to seek an appointment from the District Sub-Registrar unless it is specifically provided in the Society’s bylaws. If there are any issues for the elections, the authority over the management of the society can contact the Registrar of Societies (District Registrar or Deputy Registrar) for assistance.

  

2. Can a member from the society be appointed as the Returning Officer?

  

Yes, it is permissible, provisioned in the bylaws of the society and with the approval from all the society members. In most elections, these officers are members of the societies.

  

To ensure electoral impartiality, however, it is better to engage an unbiased external party, as a person who has an interest in the elections cannot be trusted for fairness.

 

3. Is it possible for a non-member to be appointed as a Returning Officer? Is there a need to seek permission from the Sub-District Registrar of the District?

 

Yes, a non member can be appointed as the Returning Officer if the society's bylaws permit.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Yes

2. No , Approval of the govt body is necessary

3. Yes, with the permission of the govt authority i.e. district sub registrar. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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