Being one of the founders, I have to say, I disagree with this interpretation.

My intent in the last election cycle was to hold it in such a way that it met with both standards, therefore having one group of people that would hold positions on both Maemo Community Council and the Foundation Council, to ensure a smooth transition. I believe I did that effectively, thus allowing that the election was valid by both rule sets for both bodies.

I made this publicly known, both to current Council, the Founders, and potential Board and Council members. The initial Board was in agreement that the Maemo Community Council would serve as the first official Foundation Council as well, again to ease the transition as it occurred (not requiring another election once hand over from Nokia happened). There's a retrospective note of this in the minutes of the Decemeber 8th meeting.