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Election procedures for Housing Societies have changed

In 2013, Government has amended the Maharashtra Cooperative Societies Act, 1960 on 13th of August and introduced a new election procedure for cooperative housing societies as per the amended provisions of section 73 CB (1) in the State Cooperative Election Authority.

There are two categories as per housing societies; first is Housing Societies having 200 or more members as on 31st March of the preceding year in ‘C’; second is Housing Societies having 00 or more members as on 31st March of the preceding year in ‘C’.

Both types of societies have to fill an E-2 format form which is due for election. A form from the CEO / Secretary of the society will have to be submitted along with provisional voter list within 7 days from submission. The form is shown below:-

E-2 Form

E-2 Form

 

 

 

 

 

 

 

 

The Registrar / Deputy Registrar of Cooperative Societies of the concerned ward will then appoint a Returning officer for type ‘C’ societies for the elections.

For type ‘D’ societies the concerned registrar will appoint an authorized officer. The form E-2 along with bye-laws have to be submitted flowing with the final voter list to the concerned registrar. The voter list has to be prepared by considering section 26(1) and the members should be eligible as per section 27 as per the Maharashtra Cooperative Societies Act and should not be disqualified as per the provisions of bye-laws of the society.

Once the provisional voter list is prepared as per the I-Register of members it can be published on the society notice board calling for any objection if any within 2 days. After 2 days 4 copied from the final list of voters should be submitted to the registrar.

Expenses of elections should be as follows:-

  1. Remuneration to the Authorised Officer – Rs.750/-
  2. Election Funds – less than 25 members – Rs.2500/-
  3. Election Funds – less than 26 – 50 members – Rs.4000/-
  4. Election Funds – less than 51 – 100 members – Rs.5000/-
  5. Election Funds – less than 101 – 199 members – Rs.7500/-
Voter List Registration Expense

Table of fees

 

The quorum for the meeting will be a simple majority for the existing committee members.

10 thoughts on “Election procedures for Housing Societies have changed

  • Dear Rajeev,
    1) Am I correct in assuming that 200 or more members in CHS means that there are more than 2/3 or more bldgs.. Only then can we have more than 200 members. It’s a complex of many wings or bldgs.
    That is what the rule says more than 200 members. 200 or more flat owners residing in more than one Blds/wings and having their own CHS.
    2) Am I correct in assuming that all these wings or bldgs may have there own CHS (may be 25/30 flats in each CHS) registered for better handling separately their own affairs. But to take care of the complex they need to form a separate association or federation. Is then two representative of each bldgs come together to form this association represent these >200 members as mentioned in ‘C’ type.
    3) These two representatives of each scty forms the managing committee of the Association of 10 wings.. Are these representatives responsible for their respective wings/bldgs presence required or not in the Election Process. Is it not mandatory for all the representatives to be present during the election process.?
    4)the election procedure says put the voters list on the notice board.. Can we skip this because it involves more than 8/10 wings / bldgs.. Candidly call the election of only one members from each wing and get it done. Is it right as per the law.
    I have more questions but I would like to know answers to my above queries. Tks n rgds.

    • Hello Rajni,
      There is no limit of members for forming the Cooperative Housing Society and or formation of society is not dependent on number of wings / units etc. So one can form a society with as many as 1000+ members. Having said that and keeping in mind the difficulties some big complexes decide to have Wing wise society and then established a Federation to see common issues. It is mandatory to follow the election process defined in the bye-law / MCS Act.

  • Dear Rajeev,

    Our society is having 200 members and now election process has started. Some of existing commitee members is having more than 2-3 children, can they contest election ? as they are saying it is legal as all childrens are major. Kindly guide whether it is legal or not ?

  • I would be once again grateful if you could advice me regarding following queries:

    1. In how many housing societies (in which managing committees are dismissed by the Deputy Registrar) can one person be appointed as an Authorised Officer (formerly known as Administrator).

    2. Can the Authorised Officer who is so appointed in place of dismissed managing committee, appoint private person to manage the affairs of that society by paying salary to him from the society’s bank account.

    3. Whom should the RTI query be addressed to find out in how many societies this person is appointed as an Authorised Officer – as he acts as an Authorised Officer (Administrator) in more than one Deputy Registrar’s jurisdiction.

    • Dear Gopal,
      I am sorry! I may not be the right person to comment on this as this is under the jurisdiction and control of the registrar. Logically, he can be assigned in more than one society. The Authorized person assumed the power of the Managing Committee and can discharge all the function of Managing Committee and hence can take such call. The registrar would be the RTI officer so you can address to him.

  • Is it mandatory to hold elections in the CHS if there are only 38 members. If yes, what procedure shall be followed. Requesting you guidance. Thank you.

  • Can A member contest the election for managing committee if he/she has sub-letted his/her flat and staying out side the Society premises with his own arrangement (such as staying with other family member or taken other flat on rental basis.)

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