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Election of Central Executive Council ATC Guild India


07-Apr-2023 (In Corporate Law)
Dear Sir, Please find the link below. http://atcguild.com/CONSTI/Consti.asp ATC Guild India is a officers association of Air Traffic Controllers working in Airports Authority of India. For the election of Central Executive council there is a clause in Article VII Section 8 of the constitution in link which says "Members from seat of Central Executive Council only will be eligible for the posts of Treasurer and Secretaries of the Central Executive Council." ATC Officers are posted all over India and headquarter is at Rajiv Gandhi Bhavan Safdarjang Delhi. My doubt is that whether an ATC posted at station out of Delhi can be elected or file nomination for the post of Treasure and Secretaries. With Regards Sachchida Nand Pandey [email protected] +919085431584
Answers (2)

Answer #1
829 votes
The ATC Guild (India) Constitution specifically states that the Central Executive Council shall be seated at the central headquarter (Art. III Clause C, Section 7 (b)). The central headquarters are located in Delhi (per your question and Art. IX, Clause E).
Now, to answer your question, Art VII, Clause C Section 8 clearly states that "Members from seat of Central Executive Council only will be eligible for the posts of Treasurer and Secretaries of the Central Executive Council" which clarifies that only those officers who are located at the seat of the Central Executive Council, i.e. Delhi, can file nominations for post of the Treasurer and Secretaries of the Central Executive Council. This also makes logical sense as the CEC operates out of Delhi and undertakes critical deliberative functions, which would require the presence of the officer in the seat of the CEC, i.e. Delhi. To put it differently, it is unlikely that an ATC officer posted outside Delhi may file a nomination for the said posts.
Answer #2
811 votes
Article III clause c section 7 defines Central Executive Council (CEC. It says "Central Executive Council (CEC): a.Central Executive Council shall consist of, one President, one Vice President, one General Secretary, one Assistant General Secretary, one Treasurer and four Secretaries. b. This Council shall be resident at Central Headquarter of Guild and shall be primary deliberative and administrative body of the Guild, after General Council and Central Council, and shall be responsible to the General Body, General Council and Central Council. c.Any member of the Central Executive Council shall be removed from the office only by a vote of no confidence adopted by a 2/3 majority of members of the General Council at a meeting called for this purpose after a notice of fourteen days, and confirmation of the same by majority of Members of the General Body through a Notice for Referendum.

So as per your query
Article VII Section 8 says "Members from seat of Central Executive Council only will be eligible for the posts of Treasurer and Secretaries of the Central Executive Council"
It becomes clear that only members who as defined in Article III clause c section 7 who comprise CEC will only be eligible for the posts of Treasurer and Secretaries of the Central Executive Council.
Now the condition doesnt specify the location of posting it simply states the position held. So if a person holds such a position, by virtue of being holder of such position he can file nomination, location not withstanding

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