Rwa elections

sridhar (Querist) 22 December 2020 This query is : Resolved
Sir our RWA Vaishnavi nakshatra appartment owners association is registered under society act of Karnataka.
we have a byelaw duly registered.
post of secretary was vacant after he resigned and a coopted member was fulfilling the duties.
Elections were to be held for secretary as per the bye laws . As only one candidate filed for nomination, the EC announced single nomination. and hence no elections were necessary.
the EC has not announced the results, but sent a mail that there is a single nomination only, on the date for filing nominations expired.
In our understanding the secretary is elected unopposed and can assume charge of office.
THe elected member has not been given charge of his post, the MC claims that the election results are to be tabled in the AGM and approved.
So the secretary cannot take charge.
is this correct procedure. can you clarify

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Quick Summary

This discussion clarifies the election process for an RWA Secretary in Karnataka. When only one candidate files for nomination, they are typically elected unopposed. The core issue is whether the elected secretary needs formal approval at the AGM to take office, or if the election is considered complete upon valid nomination. The consensus suggests that unless bylaws explicitly state otherwise, the election itself is valid, and the AGM is for ratification, not approval. If the process deviates from the bylaws, seeking guidance from the Registrar of Societies is advised.

Isaac Gabriel (Expert) 22 December 2020
After election no need for apprval.Only formal resolution to ratifying the election is to be recorded.

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kavksatyanarayana (Expert) 22 December 2020
What are the Rules and regulations of society? A nominated/coopted member cannot be acted as Secretary/President/treasure. The Joint Secretary shall be kept to act as Secretary till the new Secretary is elected from in the General Body meeting. If nomination filed by only one person, even then also two special General body meetings shall be conducted and approved with the majority as noted in the bylaws and it should be filed before the Registrar of Societies of District conerned within 14 days from the date of election.

sridhar (Querist) 23 December 2020
sir isn't preventing a elected person from assuming office a crime under IPC? GBM is only for ratification and if no special GBM is held does it mean the elected member cannot function as secretary. The bye laws doesn't talk about any ratification. Can a new AGM continue to be announced by the officiating secretary inspite of the elected member?

kavksatyanarayana (Expert) 23 December 2020
No. As the Secretary post is vacant, the Joint Secretary can act as Secretary and he can give notice calling for AGM. But the nomination of a person is against rules.

sridhar (Querist) 23 December 2020
sir does it mean, if no agm or gbm is held due to any reason, the secretary elect cannot assume office till it is ratified?

P. Venu (Expert) 23 December 2020
It is not the general proposition that the election need be approved by the AGM, unless there are norms stipulating so.

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Rajendra K Goyal (Expert) 23 December 2020
If the steps of not declaring person elected is not in accordance to bye laws, approach Registrar for orders.

Dr J C Vashista (Expert) 24 December 2020
Election process is complete and valid as per Memorendum of Association and Articles of Association of the RWA.

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