Bye-laws of the Executive Committee of the Association

In exercise of the power conferred by /under Rule 16(a) of amended Rules 2022 of the Association of Retired Judges of Supreme Court and High Courts of India, the Executive Committee hereby makes the following bye-laws.

Name; the name of the bye-laws will be “Association Bye-Laws”.
Applicability: These bye-laws shall be made applicable from such date as may be fixed by the President.
Definitions:

1.) The words and phrases used in these bye-laws shall have the same meaning as defined in rule 2 of the Rules of the Association, unless the context indicates otherwise.

2.) “Returning Officer” means such member of the Association as nominated by the Executive Committee to conduct the elections of the officer bearers of the new Executive Committee according to the rules and bye-laws.

The elections of the Executive Committee will be conducted in the annual General meeting of the General body of the Association to the following offices.
1. One President
2. Three Vice Presidents
3. Three Secretaries
4. Ten Executive Members from amongst the members present physically or virtually.
The elect President shall have the right to nominate one Vice-President, one Secretary General, one Secretary and the Treasurer as the office bearers of the new Executive Committee.
The Executive Committee shall nominate a very senior, active and well versed member as the returning officer to conduct the elections, its processes and report the result thereof to the President along with his brief report.
The returning office shall notify by general notice on his email or whatsapp or by post as may be convenient through the chairpersons of the State Chapters, the dates of filing and closing of nominations, dates for withdrawal of the nominations and scrutiny of the nominations for the offices to be elected.
The returning officer shall be competent to reject the nomination forms if they are either incomplete or not duly filled in or not signed by the proposer, the seconder and the applicant.
In conducting the voting process, the returning officer may request other active and willing members to assist him in the voting process.
In case there is only one nomination for any office, the Returning Officer shall declare the single nominee as elected unopposed for that office. In case, no nomination is received by the prescribed date and time by the Returning Officer, no election to that office will be held in the General Assembly but the vacancy will be filled-up by the New Executive Committee.
The returning officer may in his discretion adopt the voting process either by raising and counting the hands in favour of the candidate or by secrete ballet, as the situation may demand. The decision of the Returning Officer on the method of voting shall be binding on all the contesting candidates, unless and until the general body passes the resolution otherwise by 3/4th members present in the meeting.
If the contesting member remains absent in the meeting of the General Body without any lawful or justifiable excuse and without intimation thereof to the returning officer, no voting will be cast for his candidature and if already done, it shall stand cancelled.
After counting the votes/ raised hands, the candidate getting highest number of votes, he or she will stand elected for that office of the Executive Committee.
The nomination forms will be in the prescribed format ‘E’ which can be downloaded from the website of the Association or E-Mail or whatsapp of the returning officer.
The interse seniority of the Vice-Presidents, Secretary General, Secretaries, Treasurer and the Executive Members will be amongst themselves based on the dates of their birth, for the purposes of listing of the names of the office bearers, the meetings of the Executive Committee, general body and other committees or functions of the Association.
The decision of the Returning officer on the election of the contesting member for any office shall be final and binding unless and until the general body passes a resolution otherwise on appeal against the decision.
The President may prescribe the format of the seal, website and a logo of the Association; application for Membership; application for nomination to contest an office at election, notices to be served on the members for the meetings; the rubber stamps if needed and the formats of the various registers to be maintained by the Secretary General, the Treasurer and others.
The life members may use such logo of the Association on their visiting cards, letter head and envelopes only.
The seal of the Association will remain in safe custody of the Secretary General and will be affixed to such important documents as may be specified by the President or the Executive Committee.
The Executive Committee or the President may constitute committees or sub-committees of the office bearers and other members to deal with a particular matter or situation.
The President will be competent to take all such steps including engagement of Advocates as may be found necessary in the prosecution of the litigation filed by or against the Association, in any court of law, subject to rule 15 of the Rules of the Association.
If any dispute arises about the meaning or interpretation or application or otherwise of any bye-law in any matter/ situation, the President shall be competent authority to clarify the provision of the bye-law and the decision of the President shall be binding, subject to the final view of the executive committee, if raised before it by way of review.
The Executive Committee will be competent to modify, alter or amend or rescind all or any of the bye-laws.

Proposed by the President

The format for the nomination is prescribed as follows;

Nomination Form E

Association of Retired Judges of Supreme Court
and High Courts of India
General Elections to the Executive Committee

The Returning Officer, Justice…………………………………………………

E-Mail...........................................Whatsapp Mobile No............................

Postal Address with pincode......................................................................
....................................................................................................................
Name of the office to be contested;-.........................................................

(Signature and date) (Signature and date)

Declaration & Assent by the candidate:

I Justice..................................................... have been member of the Association for last ..................years. According to the Rules and bye-laws inforce, I am eligible to contest for the above noted office. I hereby undertake that I shall make all my best efforts as an office bearer towards the realization of the aims and objects of the Association as my earnest duty and responsibility without any gain. I hereby accord my assent to the proposal for above noted office.
Justice..................................................................
...................................
(Signature and date)

E-Mail:-.................................. Whatsapp:-................................