query re nomination eligibility

An Public Organization registered u/s 26 of The Companies Act is undergoing election process. Its Bye-laws restricts the eligibility to file nomination for third consecutive year after a person had served two consecutive years. But restriction is not applicable to co-opted members of the committee. Its Article permits 5 co-options of members to Committee in addition to elected office-bearers & committee members. The exact provisions are quoted hereunder;

Clause 6(d) - "No person is eligible for re-election for the third consecutive term, either as office bearer or committee member who has served in the committee in either capacity, for two consecutive terms. This restriction is not applicable to co-opted members of the Committee."

Art.14(d) - " The members of the Committee elected as provided in (b) and (c) herein before and the elected office-bearers shall within two weeks of the conclusion of the Annual General Meeting co-opt not more than 5 other members to the Committee, such members being registered in any one of the roll of the Life, Ordinary or Organisation members of the Chamber."

One person had served as elected Committee member in 2010-11 & 2011-12 and in 2012-13 after co-option as committee member appointed as an important office bearer, the seat vacated by elected person immediately after AGM. Thus the appointed person is servicing that post for full term & in effect serving the committee third term consecutively. Now he is again contesting election in 2013-14 - in effect 4th possible terms consecutively. Right now the discussion is not about his appointment in third term but WHETHER HE CAN FILE NOMINATION IN THIRD TERM (effectively forth) ?

One plea is - he was co-opted in third year and so technically he had given a break & that appointment being  under co-option gives a break after 2 terms....

Other side is - That the restriction is relaxed only to appoint any person as co-opted member even if he had served 2 terms. He can be co-opted as many times without restriction but to file the nomination for election process his SERVICE TO THE COMMITTEE would matter & he can't be re-elected irrespective whether he served as elected or co-opted member. More so co-option was not for office bearer.

Members views please.





Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu