Contestant - election - association

Kavitha Balan (Querist) 05 May 2024 This query is : Resolved
As part of my apartment society, there was an election planned & Election Committee was appointed including a legal advisor. The legal advisor was on rolls & during the candidate nomination closure for contesting in election, legal advisor withdrew the from legal services and immediately applied for contesting in election.
Can the legal advisor who was part of election commiittee be a contestant after resigning?

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An apartment society's election committee included a legal advisor who later resigned to become a contestant. The core question is whether this is permissible. While some argue the election should be cancelled, others suggest that once the advisor is no longer on the committee and eligible, they can contest. Objections can be raised during nomination scrutiny if undue advantage is suspected.

Isaac Gabriel (Expert) 05 May 2024
The election should be cancelled and fresh election officer to conduct the election

T. Kalaiselvan, Advocate (Expert) 05 May 2024
Since the election has not been concluded neither the dates for nomination has not been closed, the legal advisor is no more a committee member and if he is eligible to contest election, there is no legal infirmity in he participating in the ensuing election as a candidate for the post he filed the nominations.

kavksatyanarayana (Expert) 05 May 2024
The legal advisor is not in the post so he can contest.

P. Venu (Expert) 06 May 2024
The Election Committee, to my understanding, can devise its own procedure within the guidelines provided by the GB/EC. If it is that the former legal advisor is likely to take undue advantage, you may file objection during scrutiny of nominations.

T. Kalaiselvan, Advocate (Expert) 12 May 2024
Is the legal advisor a salary paid employee of the association, i.e., whether he is shown as an employee in RWA composition, if is there any provision in the bylaws to appoint any legal advisor on the salary roll of the association.
If not and if the post of legal advisor is also a honorary post, then the so called legal advisor can step down from his honorary post of a member of election committee and can exercise his rights as a member of the association and contest the ensuing election of the association to the post he submitted his nomination.

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