Frequently Asked Questions (FAQ) for the Aanchal Vihar Election
I. Eligibility to Vote and Member Status
1. What is the minimum age requirement to be an eligible voter in the RWA election?
A member must be at least **21 years of age** on the date of their admission to the Society to be eligible to vote.
2. Am I eligible to vote if I have outstanding dues owed to the Society?
No. Financial default is an **automatic disqualifier** for electoral participation. An individual loses their right to vote if they are in arrears of payment of *any* Society dues, including the annual subscription.
3. How is the "One Flat, One Vote" principle applied in cases of joint ownership?
The RWA election operates strictly on the principle of "One Flat, One Vote". In cases of joint ownership of an apartment, **typically only the first owner is stipulated as eligible to vote**.
4. Does the RWA election allow for proxy voting?
No, proxy voting is **explicitly prohibited** under the statutory framework. Every eligible member must cast their vote in person.
5. Where can I verify the list of eligible voters?
The Governing Body is responsible for preparing and certifying the list of members eligible to vote, known as the Official Register of Voters (Form-XII). This list must be notified or displayed at least 45 days prior to the date scheduled for the General Meeting where the elections will be held.
II. Candidacy and Nomination
6. What specific statutory disqualifications prevent a member from contesting a Governing Body position?
A person is statutorily disqualified from contesting if they are declared **insolvent**, deemed to be of **unsound mind**, or have been **convicted of an offence involving moral turpitude** punishable with imprisonment of one year or more.
7. What criteria must a candidate declare regarding their financial standing during nomination?
A candidate must formally declare that they are **not in arrears of payment of any Society dues**, including the annual subscription, as financial good standing is mandatory for both voting and candidacy.
8. Are there any additional disqualifications defined by the RWA Bye-laws?
Yes, the Society’s registered Bye-laws may introduce reasonable administrative disqualifications. Examples often include being actively engaged in litigation against the RWA or currently undergoing criminal prosecution.
9. Who must propose and second a nomination, and what is their required status?
The nomination form requires both a Proposer and a Seconder. Both individuals must be **eligible members in good financial standing** to verify their endorsement.
10. What are the designated posts that can be contested in the election?
The designations designated for election must be those defined in the RWA’s registered Bye-laws, typically including core positions such as the President, Secretary, Treasurer, and Executive Members.
III. Election Structure and Authorities
11. What is the maximum tenure for the elected Governing Body?
The tenure of the elected members of the Governing Body is statutorily limited and **shall not exceed three years**.
12. Is the RWA mandated to use the Collegium (two-tier) system for elections?
The constitution of a Collegium is a mandatory statutory requirement if the **total number of members in the Society is more than 300**. If this threshold is met, the General Body elects the Collegium, and the Collegium then elects the Governing Body.
13. What is the central role of the District Registrar in the election process?
The District Registrar (DR) is the mandatory filing authority. The DR receives all required ongoing statutory filings, including the pre-election notice, and the post-election results.
14. What is the authority of the Returning Officer (RO)?
The Returning Officer (RO) is the pivotal figure ensuring integrity. The RO possesses the definitive, quasi-judicial authority to **decide any objections concerning the list of eligible members** entitled to vote. The RO's decision on voter eligibility is final for the purposes of that election.
15. If a dispute arises regarding the election outcome, which authority holds the power to adjudicate it?
The ultimate authority for adjudicating electoral disputes resides with the **Registrar** (not the District Registrar). The Registrar has the power to hear and decide any doubt or dispute regarding the election or continuance in office of any elected member.
IV. Timelines and Procedure
16. How much notice must be provided to members for the General Body meeting where the elections will be held?
A clear notice of **fourteen days (14 days)** must be given to the respective members before the date appointed for the meeting.
17. What is the required quorum for the General Body meeting to hold a valid election?
The quorum for a meeting of the General Body shall not be less than **forty percent (40%) of the total members** entitled to vote and present in person, subject to a minimum of four members.
18. Must the government be notified of the election date?
Yes. A copy of the 14-day election notice, specifying the date, time, and manner of the election, must be **endorsed to the District Registrar**.
19. What is the deadline for the RWA to file the list of the newly elected Governing Body office-bearers?
The list of the newly elected office-bearers of the Governing Body must be filed with the District Registrar within **thirty days (30 days)** of the date the Governing Body elections were held.