Is a remote vote a proxy vote in Co-Op Society election

525 votes

The committee should not unilaterally allow Zoom voting if bye-laws require physical presence. It is safer to amend bye-laws or follow statutory provisions permitting electronic voting. Otherwise, the decision is open to legal challenge and possible reversal.

Advocate Madhvi Chopra LawRato

874 votes

If the bye-laws of your co-operative housing society expressly prohibit proxy voting and mandate voting “in person”, the key issue is how “in person” is interpreted in law and practice. Under the Co-operative Societies Act (as applicable in your State) and corresponding model bye-laws, voting rights are strictly governed by the registered bye-laws of the society. These bye-laws are binding on both members and the managing committee. If the bye-laws clearly require physical presence and do not provide for electronic or virtual participation, then remote voting (including via Zoom) is generally not recognized as valid unless specifically permitted. However, there has been a gradual legal and administrative shift post-COVID where several States issued circulars permitting virtual meetings and, in some cases, electronic voting. The legality of your remote vote will therefore depend on whether: Your State Government or Registrar of Co-operative Societies has issued any circular permitting virtual meetings/voting; and Your society has amended its bye-laws or passed a valid resolution adopting such a mechanism. If neither exists, the managing committee does not have unilateral power to allow Zoom voting contrary to the existing bye-laws. Any such permission can be challenged by other members and is likely to be set aside by the Registrar or a competent court on the ground that it violates the governing bye-laws. That said, if the meeting itself is validly convened in hybrid or virtual mode in compliance with government directions, and all members are given equal opportunity, courts have in some cases taken a pragmatic view, especially where no prejudice is caused. In your situation, the safest legal position is: Remote voting is not valid unless expressly permitted by bye-laws or statutory circulars. Committee approval alone is insufficient and vulnerable to challenge. To regularize this, the society should amend its bye-laws or pass a resolution (subject to Registrar approval) allowing virtual participation and voting. If you anticipate dispute, you may insist on either adjournment, postal ballot (if permitted), or formal adoption of virtual voting before the meeting, to avoid future litigation and invalidation of the resolution.

Advocate Yuganshu Sharma LawRato

788 votes

it depends upon the management committee of the society to accept a proxy vote or not. A bylaw that a member cannot vote through proxy but has to be present at the time voting, seems to be unreasonable and can be challenged through the process of the court. should you have any queries please feel free to contact me

Advocate Kunal Seth LawRato

780 votes

you can apply with appropriate format for same also approch to committee firstly other wise ,you con proceed in court against them, it you don't not know about court proceedings ,can approach a legel consultant or legal advocate etc.

Advocate Pradeep Kumar Sharma LawRato