Business Wire India
It is widely known that the Ministry of Corporate Affairs (MCA), Government of India, has made it mandatory for listed companies to provide eVoting facility to their shareholders via an eVoting agency certified by the Standardisation Testing and Quality Certification (STQC) Directorate, Ministry of Electronics and Information Technology (MeitY), Government of India.
However, very few people are aware that the same regulation requires all associations registered as a company, with more than 1000 members, to provide eVoting facilities to their members via a STQC-certified eVoting agency. This regulation also applies to not-for-profit associations structured as Section 8 (formerly Chapter 25 under the Companies Act 1956) companies.
Many associations in India are not aware of this regulation and are not providing eVoting facilities to their members. This is a clear violation of the law, and these associations and their management committee can be held liable for penalties and punishment. Not providing eVoting facilities to members amounts to a denial of the right to vote to members. The objective of the said regulation is to protect the rights of small and marginal members and ensure that the organisation is run democratically. It aims to ensure that a few members are not able to monopolise the management of the organisation.
If an association uses an eVoting agency which is not approved by MCA, the election would be considered invalid (void ab initio). This can lead to legal problems for the management committee and the association.
Beware of fraudulent agencies which claim to be STQC certified
There are a few fraudulent eVoting agencies in India which use the STQC logo without permission on their website; they fake a Cert-in empanelled agency certificate as an STQC certificate.
There is another kind of fraudulent eVoting agency who have just done OWASP top 10 security testing, and has a certificate only for OWASP top 10 from STQC, but represents that they are a STQC-approved eVoting agency.
It should be noted that an STQC-approved eVoting agency has to go through testing on more than 500 parameters, which include GIGW parameters, MCA parameters, Functional Testing, Security Testing, OWSAP top 10 testing, Cloud, network and application security testing, and VAPT testing.
How to differentiate between approved agencies from fraudulent agencies
The STQC website mentions the list of eVoting agencies tested and certified by them, the most prominent being Right2Vote. Also, after the STQC certificate, MCA issues an approval letter to such agencies. To avoid being defrauded by such fraudulent eVoting agencies, check the STQC website and also check for the MCA approval letter.
Right2Vote Vs Others
Although a couple of central securities depositories (CDS) are also certified by STQC and approved by MCA, the best eVoting agency for association elections in India is Right2Vote.
Right2Vote is the best eVoting software for association elections due to the following reasons:
The said regulation does not make eVoting mandatory for associations with fewer than 1000 members and associations not registered as companies. However, it is recommended for all associations to provide eVoting facilities to their members to ensure wider participation and protection of minority rights. Also, it is in the interest of all associations to conduct eVoting only via an STQC-certified and MCA-approved eVoting agency like Right2Vote to ensure accuracy, higher participation, 100% security and transparent elections. Providing eVoting facility to members increases member participation substantially, leading to more democratic results.
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