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.