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Sunday, June 20, 2010

PARWA Bye-laws violated in recently concluded election

A resident has sent me an e-mail on the above subject. He has said that I can post his message on this blog but should not disclose his name. Here is the message:

Dear Mr. Gupta
In recently concluded PARWA elections many provisions of PARWA Bye-laws have been violated. It is a serious matter. PARWA is being managed by an Executive Committee which has many members who have not been elected as per Bye-laws. Even Mr. Chadha has been declared elected as President PARWA in violation of Bye-laws.

As per the circular issued by Election Officer after date of withdrawal of nominations was over, voting was to be held for the post of President between you and Mr. Chadha. But the Election Officer cancelled the voting. I am not able to understand under which provision of Bye-laws he has cancelled the voting. You may have arrived at some understanding with Mr. Chadha and withdrawn yourself from election in favour of Mr. Chadha but the fact is that it can not be a ground for canceling the voting. Voting had to be there. There is no provision in Bye-laws which sanctions such decision of the Election Officer. I am afraid that the election of President PARWA is not having any legal sanction and Mr. Chadha is working as President PARWA in violation of PARWA Bye-laws.

As per Clause 8.4 (a) of Bye-laws, EC or GB appoints an Election Officer. However the practice of EC appointing additional members to assist him is not allowed in Bye-laws. As per Clause 8.4 (c) of Bye-laws, the Election Officer can take help of any of the GB members for conducting the election. In view of this clause, appointment of additional members by EC to assist Election Officer is in violation of Bye-laws. Incidentally these members have played a role which had impacted on the decisions of the Election Officer. This puts such decisions of Election Officer in violation of Bye-laws.

As per the result of election announced by the Election Officer, some posts of Block Representatives (BR) were vacant as no nominations were received. These vacancies were filled up later when EC nominated some GB members as BR. Here again there is no provision in Bye-laws which gives authority to EC to fill up vacant positions of BR by nomination. As I understand, the election process was not over. Election Officer should have again called for nominations for vacant posts and conducted the election. This has not happened. Those BR who have been nominated by EC are working in violation of Bye-laws.

Another point which I want to make here is of both ethics and legality. I have no document with me based on which I am making this observation. But from the information I have received what has happened is unethical and probably illegal also. As per the information, your nomination for the post of President was proposed or seconded by Mr. O N Sharma. After this, Mr. O N Sharma filed his own nomination for the post of President. Is it not unethical? Also why the Election officer did not point it out and rejected your or Mr. Sharma’s nomination for the post of president. This I leave to you and the election officer to ponder upon.

I have taken the liberty of sending this e-mail to you as I know that you are a person who is not averse to criticism and will accept his mistakes and correct them. I respect you for this.

You may put this mail on your blog but please do not disclose my name. The other people mentioned in the mail may not take it kindly and I do not want any tension. I thought that as a responsible member of PARWA I should bring my observations to your notice.

With regards


Friends, I have thanked him for his observations. I have posted these observations on this blog as I feel that PARWA should discuss these issues and take appropriate action. I am not a legal person but a legal friend advised me that we can not go back into time and correct the mistakes. The right course will be to hold fresh election for the post of President and vacant posts of BR.


Admin said...

Comments from C-box:

Bhatia: fresh election is called for th posts of President and some BR.

Sharma: I think Election Officer has goofed.

Member: I never thought about it. But now as I read this post I realize - yes many provisions of Bye Laws have been violated. PARWA Needs fresh elections.

Member PARWA said...

Yes, it is a very serious matter. Election Officer should not have cancelled voting for the post of President PARWA. He has taken a wrong decision. An emergency General Body meeting should be called immediately to order fresh election for the posts of President PARWA and Block Representatives.


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