Delay in the press club elections
We are rather surprised that despite having finalised the schedule for its first biennial polls at its meeting held on June 27, 2008, the outgoing Managing Committee (MC) of the Press Club, Mumbai, has yet to ‘notify’ the poll schedule. Though the MC enjoys the prerogative of nominating the returning officer and deciding on the poll schedule, the ruling clique is without doubt making most of its powers to gain undue political advantage over its challengers by delaying the announcement about the poll schedule.
Before discussing at length the MC’s deliberate delay in notifying the poll schedule, let us dwell on the provisions for the conduct of polls laid down under the Club’s new constitution. In the normal course, the club polls should have been held on a Saturday before June 30. However, the constitution vests powers with the MC to postpone the polls by one month from June 30 “in exceptional circumstances”. As a ready reckoner, we reproduce below the relevant provision in the club’s constitution:
“ Article 26 (B): In exceptional circumstances, the managing committee may, by a two-thirds majority of its members present and voting, decide to postpone the AGM by a period not exceeding one month from June 30. In such an event, the election processes, as provided in the election rules, annexed hereto, shall be deemed to have been postponed for a similar period”.
We would like to know as to:
a) what were such “exceptional circumstances” that prompted the MC to postpone the biennial polls by one month,
b) why the members were not informed by the MC earlier about the postponement of the polls,
c) whether the MC followed the due procedure stipulated under Article 26 (B) of the club’s constitution and
d) if yes, when did it do so?
In this context, it is pertinent to put on record the fact that an ‘ordinary’ member C P Jha had objected in writing to the violation of the club’s rules and regulations. While the Constitution (stipulation number two and three of the election rules and regulations) makes it obligatory on the part of MC to begin the process of elections on the first working day of May, of the particular year during which the club goes to polls (which is May 1 itself during the current year considering that it is the first working day of the month).
Setting into motion the electoral process involves two aspects: Apart from finalizing the election schedule and appointing a returning officer, the MC should put up a list of “eligible voters, who have paid their subscription and other dues in full as on the first working day of May”.
Let alone informing the members about the postponement of the polls, the MC this year did not send out the customary notice to members asking them to clear their subscription on or before March 31, 2008 – a departure to which member CP Jha took objection in writing in March this year.
Subsequently, the MC did not even put up a list of “eligible voters” on the club’s notice board on May 1 as was essential. A shocked C P Jha wrote a letter to the Club manager invoking the provisions of Article 39 of the Constitution to write to the Manager of the Press Club and seeking a list of “eligible voters” from the club within “seven working days” stipulated under the above Article.
In his letter, CP Jha also asked for a ‘certified’ copy of the constitution governing the rules and by-laws of the Club. He also handed over copies of this letter to President Pradeep Vijaykar and the Chairman Devendra Mohan in person.
In the normal course – as is provided under Article 39 of the club constitution, the manager should have replied to C P Jha’s letter. Instead, a letter written by Secretary Gurbir Singh, was hand delivered to CP Jha before the “seven day deadline” stipulated under Article 39 expired. In the reply, the Secretary enclosed what he called as a “certified copy” of the club constitution and a copy of “eligible voters”. In his explanation for the delay in putting up the list of “eligible voters” on the notice board, the Secretary said that while the list was “ready”, it could not be put up because computers at the club’s media centre were not functioning during the previous few days.
In effect, following are the departures made by the MC in following the Constitutional and legal provisions:
1) Why did the Secretary appropriate the powers –vested with the Club Manager under Article 39 of the Constitution – to reply to the applicant- C P Jha?
2) Can the Secretary’s explanation that the MC could not put the list of “eligible voters’ list” as the club's computers were not functioning be accepted? Is it not an attempt by the MC to cover up its failure to adhere to its constitutional obligations vis-à-vis election rules and regulations?
3) Significantly enough, what prompted the Secretary to pass on what was called as a “certified” copy of the Club Constitution even while it was the one just signed by him and not actually CERTIFIED by the office of Charity Commissioner, Maharashtra at Mumbai , which governs the bodies registered under the Societies Registration Act of 1860– under which the Press Club , Mumbai , is said to have been registered?
4) Is it not illegal to pass on just a copy of the club constitution –signed by himself under the garb of a rubber stamp of his own signature and thus impersonating the legal authority to authorize such certification – instead of the actual certified copy issued by the Charity Commissioner’s office?
The above mentioned departures apart, the MC was once again casual when it came putting up the final list of voters – the one that was put up was unsigned one. When CP Jha brought this to the attention of Chairman Devendra Mohan, the latter offered to sign the notice himself , even while failing to explain as to why Secretary Gurbir Singh had not signed the final list of voters while putting it up on the club’s notice board.
Coming back to the issue of delay in announcing the poll schedule, we would like to emphasise that the manner in which the ruling cliché has conducted itself so far goes to prove that it does want to not provide a “level playing field” for all the candidates desirous of contesting the poll, especially the ones belonging to the Opposition camp. It does not need any guess that the ruling clique would prepare itself fully for the poll – in terms of creating conducive atmosphere for itself, finalizing its candidates and readying the campaign material – before it announces the schedule.
All the same, the ruling clique should realize that the Opposition is intelligent enough to understand as what is going on in the Gurbir Singh-led camp vis-à-vis the poll schedule.
Considering that the 2008 Press Club poll will in likelihood be held on July 26, one can easily hazard a guess that following would be rough poll schedule (a few changes here and there):
Filing of nominations:
Tuesday 15 July 2008 to Monday 21 July 2008 up to 7pm
Scrutiny of nominations at the Club premises:
Tuesday July 22 by 6pm
Withdrawal of nominations:
Wednesday 23 July 2008 unto 7 pm
Polling day:
Saturday, July 26, 2008
We do not deserve any prize for our guesswork. For, it is all elementary. Mr Gurbir Singh are reading? That being the case, what is holding you from coming out with the 2008 Press Club poll schedule?
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