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Can Associate Member contest Managing Committee Election?

There has been too many confusion on whether an “Associate Member” can vote?  Or can he be the part of Managing Committee / Officer Bearer?Associate membership

In accordance with Section 2(19) of the Maharashtra Cooperative Societies Act, an associate member jointly holds a share of the society with others, but whose name is not first in the share certificate. Rule 56 M of the Maharashtra Cooperative Societies Rules, 1961, and Section 2 (19) (b) of the Maharashtra Cooperative Societies Act, 1960, state an associate member can vote and participate in elections but cannot become an office-bearer of the society where his name appears as an associate member of the society register.

In November 2014 the state cooperative election authority (SCEA) clarified that associate members can participate in election i.e. they can vote but was silent on whether they could contest the election of the office-bearers.

Now SCEA has clarified that a housing society’s associate members can be part of the managing committee. This will be a shot in the arm for old cooperative housing societies as more residents can participate in their housing society’s daily affairs.

In most of the old societies, senior citizens owned flats or NRIs owned the flats but would not show interest and associate members were not allowed to participate in managing committee.

“With the consent of the original owner (whose name is first in the share certificate), an associate member can participate in elections and join the managing committee, provided his name is on the share certificate,” said Shrikrushna Wadekar, assistant state cooperative election commissioner.
“Many people don’t put their children’s names in the share certificate as they fear it will pose a problem to mortgage the property. The SCEA has clarified that a person whose name comes second in the share certificate is deemed co-owner of the flat, and thus can contest and be part of the managing committee.

Here what is important that just adding the name of the “Associate Member” in the register does not make him eligible to contest the election of Managing Committee unless his/her name appears on the Share Certificate as the second member.

31 thoughts on “Can Associate Member contest Managing Committee Election?

  • Dear Kamlesh,

    As per the new amendment the election are to be conducted by the person appointed by the State Cooperative Election Authority and hence it has no effect. read more about the election process Election Rules

    • Dear Sir,
      Current MC terms is expired, chairmen gone abroad after declaring election date in AGBM.
      And they are trying to form new MC. saying that if election held, will cost Rs 45,000/- plus
      We have 116 no of member. I told them it will cost around Rs 750/- + Rs 7,500/-

      • Dear Kamlesh,

        Such formation of new committee would be in violation of the new bye-law and hence shall be treated as Null & Void. Irrespective of the cost you are required to follow the new election rules.

  • Dear Rajeev if the main member(first name) is hale and hearty and also resides in the society can an associate member join committee?Under what circumstances the main/primary member leave voting rights and an associate member(second name) join managing committee?

    • Dear Sattya,

      In the by by-laws there is no condition provided under which a member can appoint his associate member. It is his / her wish to appoint his / her associate member without any condition. Yes an Associate Member can join the Managing committee provided he has submitted the relevant application.

  • Rajeev,

    There are cases where the Member is of frail health and nominates someone to attend meetings on his/her behalf. The Member adds this person’s name as ‘Associate Member only’ in the Share certificate. This person does not hold shares in the society. Is this person qualified to vote, be co-opted in the MC?

    regards,
    kalpana

  • Can my brother (owner of the flat) appoint me and my wife as associate members? Is there any ceiling on the number of associate members?

  • In our CHS, in last 20 years, (1) No elections held as per ByeLaws (2) No AGMs Taken (3) No Audited accounts submitted. ( No M-20 Bonds submitted when it was applicable). Present MC declared themselves as elected ( in Feb-2013 ) after a Chaotic SGB Meeting – attended by Members and Non-Members alike ( without any pre-election procedure and in violation of Bye-Laws, MCS Act). Now this M.C. has applied for On-Line Regn., by giving Tenure of MC as Feb-13 to Feb-18. As claimed by One MC member, the Dpty.Registrar will conduct fresh election as soon as On-Line Regn. is confirmed. As any action of this M.C. is considered as Null Ab Initiao, can this M.C. now apply to Dy.Registrar for fresh election ? /OR is Dy. Registrar justified in conducting elections of Scty.with such history ? WE have been advised (1) that any New MC made out of action of such Nu.Ab Initio MC is also considered NullAbInitio and (2) instead, We should Form a Provisional Committee in consultation with Dy.Registrar to carry out pre-Election procedure. Is it Correct ? What Sec. of MCS Act supports this ? Is such provisional committee empowered to add name of Proposed Associate Members on Share Certificate ( so that such members can vote ) ?

    • Dear Tejpal,

      My suggestion is to put a strong complaint to the Dy. Registrar of your jurisdiction as request for appointing an administrator who will then ensure to conduct the election in line with the bye-laws and appoint an auditor to conduct the audit of past years.

  • If the agreement & share certificate on single name of Wife . Can husband become he associate member,without adding the name in the agreement by paying stamp duty & registration charge as applicable. If he can become the associate member ,then what rights he will get

    Ajay Raorane

    • Dear Mr. Ajay,

      Sure! The society bye-laws provides an option for the members to apply for his / her associate member. Your wife can make an application for the adding you as Associate member to the society. As an associate member you only will have the voting right and to contest election for the society. However you will have no right on property.

  • Hi,
    We are forming a new society. As of now we have formed ad-hoc committee.still require 11 member.
    My wife and me holds Flat jointly . Wife name stands first in the Index2
    Can I have right for contest an election in ad-hoc managing comittee.?

    • Hello Krishna,

      Yes! You can, provided a No Objection is given as required Under the Bye-law No. 116(d)

  • SIR,
    I am a member of co op hg soc.in Mumbai. Due dispute with some member Secretary resigned from post 3 months back. New one was selected from managing committee without any election. Unfortunately the new one passed away this month, so again there is vacancy for secretary post.
    Now the old one who resigned from secretary post want to become secretary again and he has got support of managing commitee members, My question is can he became secretary again withing 3 months of his resignation? He is not efficient secretary and was not able to take care of society matter properly so some members told him to resigned that time.
    Kindly advise, Thanking you

    • Hello Anuradha D S,

      The members of the managing committee need to select the Secretary hence no elections are required for this. Yes! He can become the secretary again.

  • My flat is registered in my wife’s name since I was out India during registration.I came back in1990.I became associate member in 1991.The society has given in writing.Since then I am attending all society matters including meetings elections.As per the new norms the election was conducted in the presence of a returning officer appointed by the registrars of co op housing society’s.He says associate member cannot attend election.pl clarify in this regard.

    • You need to check as to whether your name stand as 2nd in the Share Certificate or not? If it is not there than you can not.

  • One of the member refused to pay the amount claimed as per decision of AGM. The claim amount was then included in monthly bill as ‘Other charges’. Now election of Managing committee will be held in next 3 months.Kindly advise whether he should considered as defaulter who can not participate in election.

    • Dear Ramchandra,

      Yes! This can be considered as disqualification but need to follow below;
      If he / has defaults the payment of dues to the Society, within three months
      from the date of service of notice in writing, served either by hand delivery or
      by registered post, demanding the payment of dues ;

  • Can a Co-owner of a flat can hold key post such as Chairman? Ours is a new society and no share certificates have issued so far. Provisional committee was formed and at present 7 members out of 12 had resigned from the committee.

    • I would suggest that let the remaining member call for a special AGM and appoint 5 members as Care taker. These provisional committee should then write to Registrar and call for fresh election. During such period do not take any policy decision.

  • Hello Rajeev
    One confusion on ‘associate member’ which is still remains.
    Suppose my father nominated 50% share to me and 50%my mother.
    But after his death I did 100% transfer to my Mother .
    In this case, by going through your blog and QA, I understand below and correct me if I am wrong.
    1) I can become an associate member by submitting the associate member form & Rs. 100 fee
    2) With above my name can be added as ‘associate member on share certificate
    3) I can attend meetings and give my vote
    4) I can be a member of MC or contest to election provided that form 10A submitted.

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