Rules for referendum

(Passed in AGM on 21/4/2013)

Background:

In a democratic setup it is best that all the decisions are taken by the members themselves by majority. But since it is not practical in all the cases hence the system of GC or EC becomes necessary. Governing Council (GC) takes decision either unanimously or by majority vote but sometimes it is difficult for GC members to assess opinion of all the members even in case of unanimous decisions. At present the only way to challenge the decision of GC is by calling a GBM. Calling GBM on every issue is also not feasible and hence there is a need for some simpler but truly democratic method that helps the society to decide a contentious issue in one way or another in such a manner that no one left with bitterness in his heart.

Accordingly following method for referendum has been adopted by GBM.

Guidelines:

1. The referendum can be called on any issue (within the legal preview of society) in following manner:

a) On request of any 5 members of GC

b) On written request of any 10 members of society

2. GC shall initiate the process of referendum within 15 days after receipt of the written request. In case GC fails to initiate the process then members can on their own initiate the process and submit the result to the Secretary / President for necessary action.

3. The questions shall be framed very clearly and unambiguously. All the options shall be mentioned clearly. The final decision shall be taken only on the basis of the actual number of votes received for each option. Ex If the question is whether the members support a particular move. And suppose only 30 members support the move. It should not be assumed that the rest of the members ie 153 members do not support the move. In such a case all the three options i.e. a) Support the move, b) Do not support the move c) Neither support nor oppose the move would be mentioned. The final decision would be taken on the basis of actual votes received in support or against the move. The third option i.e. neither support nor oppose the move or absentees shall not be counted.

4. Depending on the issue the members may be allowed to give more than one option also.

5. The motion shall be in both English and Gujarati.

6. The opinion might be taken through either physical signature or email. No oral or over phone or over SMS options would be considered. This is just to avoid controversies as these options are not easily verifiable.

7. A reasonable time period (between 3 – 7 days) shall be given to members to choose their option and last date of submission of option shall be clearly mentioned in the motion.

8. The options exercised by the members shall be scanned and be displayed on the notice board as well as on the group mail within 15 days of the completion of the referendum. In case of the options received through email the Secretary / President would mention the same put his/ her signature against each such member. It will be responsibility of the Secretary / President to prove the option shown against the name if challenged by the respective member.

9. To ensure that members are allowed to express their opinion freely, no individual member will be permitted to move with the referendum sheet. The opinion will be taken by the society employees. In case GC feels that the referendum is not fairly done and does not reflect the true opinion then it may decide to get it done again under its direct supervision within 15 days.

10. The decision of all the referendums done shall be deemed to have been passed by GBM and have same legal effect. All the decisions of referendums shall be presented and reported in the subsequent GBM and be formally included in the minutes for record purposes.

11. The above guidelines may also be used for re-election of a particular block with following additional changes / restrictions:

a) The request of the referendum for re-election can be moved by any five members of that particular block. It may be noted 5 members can collectively initiate a referendum but the decision on re-election or otherwise shall be based on the result of the referendum.

b) No referendum regarding re-election will be permitted within three months of the last election in that particular block.

c) Once motion for re-election is passed by majority votes of members then GC shall initiate the process of election for that particular ward within 15 days. Note: Even the earlier members can stand for re-election.