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Can Non-Payment of Housing Society Bill be a Disqualification for Society Committee Election?

Did you register your name in the voters’ list for the assembly and general polls?

 

election-vote

Yes! Now it’s time to ensure your name is also registered in the electoral roll of your housing society with the deadline for elections five weeks away.

It’s important for the residents to ensure their membership formalities are completed and clear dues against society maintenance bills / invoice to become an eligible voter.

Earlier, members who defaulted were allowed to vote but were debarred from nominating themselves to an office-bearer’s post in the general body elections.

However, with the recent change members who default will not even be on the society’s electoral roll. According to Section 73-CA (1)(i)(e) of Maharashtra Cooperative Society (Amendment) Act 2013 a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues is not eligible to vote / contest the election of the Managing Committee.

Key here is that the society needs server notice for the over dues payment in writing and only after the expiry of the three months the concerned members can be brought in the category of “defaulter”. Most of the managing committee presumes that by mentioning the “Overdue / past due” in the maintenance bill will amount to notice which is not correct technically / legally.

Societies where elections are due following expiry of the five-year term of the management committee have to suggest a date for elections and submit the voters’ list to the cooperatives office after collecting dues from members. If it is not done, the committees will be dissolved, followed by legal action.

7 thoughts on “Can Non-Payment of Housing Society Bill be a Disqualification for Society Committee Election?

  • Our society maintenance bills are not signed by any one it only says its computer generated so no signature required neither Receipt of payment is signed. Is it valid??” Kindly advice

  • Dear Rajeev,

    Can a member contest CHS election if he has rented / sub-let his flat OR Shop ?
    Is there a rule that such persons have to take an NOC from the existing MANCOM / CHS office to contest such elections if he has rented out his flat or shop ?

    • Yes he can. You may not find direct clause for the same but bye-law 116 (e) says that if member has without previous permission in writing has sublet his flat or part thereof or given it on leave and license or care taker basis or has parted with its possession in any other manner or has sold his shares and interest in the society. Going by this he can.

  • One of the committee member is mischievously complaining to co operative department about chairman & secretary. Can all other members bring no confidence motion & disqualify him from managing comittee?

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