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Impact on changed election rules for housing societies across Maharashtra

Maharashtra Society Act, 1960 was amended on 14th February, 2013, for the 97th time and was publicized recently. The recent changes has both positive & negative impact on co-operative housing societies all across the city of Mumbai and state of Maharashtra.

The most significant points which may impact Housing Societies and its members are as follows:-

  1. Authority will be given to the active members of the society. Non-active members cannot participate in the decision-making process.
  2. Sleeping members can be expelled or required to become active; this right is with the co-operative societies.
  3. Active members will now function as ‘Authorised Officer’ or ‘Interim Committee’ and thus administrators cannot be appointed henceforth for most co-operative societies.
  4. Apex Co-operatives would provide adequate and regular education and training to groom fresh leaders.
  5. Managing Committee have to attend regular training at least once in their tenure of five years. Ignorance will not be allowed.
  6. A Grievance Redressal Committee will be set up in order to solve internal differences.
  7. Co-operative society’s court to encourage negotiations and win-win compromise situations to discourage litigations so that Co-operative society’s court can give attention to important matters.
  8. Modern methods of management, record keeping, etc and also seek professional help for CHS management.
  9. Fraud and FIR’s will have to be reported by the auditors, registrars, etc hence strengthening the audit function in co-operative societies. In every AGM it will be mandatory for the auditor to present audit findings during every meeting. If they don’t, auditors will be disqualified.
  10. Fine and prison sentences have been considerably increased for penalties and offences.
  11. Disqualified members cannot contest elections for a term of five years.
  12. Elections will now be closely monitored by the State Election Authority therefore eliminating bullying of retaining power by token elections in co-operative housing societies.
  13. Members with less than 100 people in a housing society cannot conduct elections on their own.
  14. An associate member is eligible to be a part of the managing committee. As per Rule Section 2 (19) of the Maharashtra Cooperative Societies Act says an associate member jointly holds a share of the society with others, but whose name is not first in the share certificate. Rule 56M 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 in the society register.Provided that, in case of joint or associated member only the member whose name stand first in the share certificate shall be eligible to be nominated as candidate for election.
  15. A stipulated deadline of June 30, for conducting elections for all societies which were due in the last two years.
  16. Number of nominees of each co-operative society has been set to maximum of 21 members.
  17. Every housing society has to conduct yearly audits and every AGM of co-operative society has the right to appoint an auditor for conducting a financial audit.
  18. The state government would be appointing an election authority to supervise in housing societies with members exceeding 100.
  19. Before an election at the general body meeting has to make sure to conduct elections under secret ballot.
  20. If a member wishes to vote, residents have to make sure their membership formalities and dues are clear; only then he/she is eligible to vote.
  21. If a nomination is rejected; a candidate will get one month to move his/her case to the registrar for justice.

Hence, there have been amendments that affect the functioning of co-operative housing societies. Let us all educate ourselves with the new amendments and utilize our co-operative legal structure.

401 thoughts on “Impact on changed election rules for housing societies across Maharashtra

  • Dear Rajeev,
    We have a 200 member society. We formed 11 members committee as per law. 2 have resigned. How do we add 2 members to the existing committe in the simplest way.

  • Hi,

    Myself and 2 others have been recently co-opted into the managing committee of our society. there are questions being raised now about our eligibility as i am the co-owner of my flat ( My name figures 3rd in the Sale agreement) & Also 2 other members have 3 children. So what do u suggest… Are we legally eligible to continue or should v step down. pls suggest

    • Dear Arvind,

      If you are an associate members and have given the NO Objection then they can not raise any issue but if not then they are correct. Having name in Sale Agreement is not the basis. Also members having more than 2 kids are not eligible.

  • Our society comprises of 225 flats, our committee tenure was expired in 2015, yet election were not conducted, this year our society is conducting election, kindly let us know whether present can recontest the election since they have exceeded there tenure and not conducted the election.

  • Our society comprises of 225 flats, our committee tenure was expired in 2015, yet election were not conducted, this year our society is conducting election, kindly let us know whether present can recontest the election since they have exceeded there tenure and not conducted the election.

    • Every member has right to contest the election of the society managing committee. There is no such bar that a previous committee member can not contest the election for next term.

  • Sir our society is registered last year in month of July 2016 . There are some members who have not paid maintenance since 2007 so can they participate in the election or can he stand for the post of managing commitee

    • What type of action you have initiated against them? Have they been categorised as “Defaulted Members”.

      As per clause no 116. of new by laws No person shall be eligible for being elected as a Member of the Committee;

      b. 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 ;

      • our society elections were held in july 2016, at that time 8 members being defaulters since January 2016 for a sum of Rs. 300 p.m each as they were against the hike in maintenance during our AGM held in September 2015 but it was passed in our AGM.
        These 8 members contested and are committee members now as it came to my notice I applied for their maintenance details with the chairman, I got the list which proved they are defaulting on part maintenance, the list was forwarded to the dy. Registrar mean while they cleared theirs dues .
        Now the dy registrar says he cannot disqualify them as now they have cleared their maintenance dues as it is not in my jurisdiction and you shall have to approach the cooperation court .Please help
        Sanjay Mankar

        • Dear Sanjay,

          What he says is correct. Refer New Election Rules Election disputes “78. Election disputes.—No election shall be called in question, except by an election petition
          presented to the Co-operative Court as laid down in section 91.”

  • Hello,
    My Soceity has 31 members and the committee consist of 6 members for period of 2015-2016 to 2019-2020.
    The chariman has passed away in the month of feb. Minimum 6 members required in committee.. Can you guide the procedure to Co- opt members or go for election for the post of chariman?

    Regards

  • Sir,

    I was the Secretary of our Society but do to some personal reasons I resigned and now a MC member. One of our MC member co-opted for Secretary’s post. We informed the registrar about the change but the registrar has informed us that this is not valid. We need to go for election. Please advise.

  • Dear Rajeev

    Firstly much appreciation for provising such a forum for all to live in better harmony.

    I have a few questions :

    Our Society consists of about 68 members and elections are due :

    As always there are various confliciting opinions :

    My queries :

    1.Am to understand that under new Amendments to MCS Act only an owner or joint owner can be an Associate member and a Joint Owner (Associate Member) can participate in elections only after NOC from Main Member.

    2. The Society thinking is not clear with some saying there is no debar on previous Associate Members (who might not be a co-owner). Can there be such 2 provisions?

    3. If our Society has never had any exclusions like Active, Non – Active, New Members within 2 years etc. Can the Society arbitrarily debar some of them under any category.

    4. After publishing a final list of members duly authenticated by the Dy Registrar the Society now held an SGM on elections, without the mandatory election officer, and now is having a rethink on the members list and invited objections and names of Associate members. In this way new owners might be disadvantaged as they have not added names of some of their family, as Associate Member for convenience sake.

    5. With so many Bye Laws under the MCS Act our Society is picking and choosing rules from each one to suit them. Can this be done or they must confirm to 1 Bye Law.

    After publishing the final list can the Society have a rethink?

    Thanking you

    • Dear Vimal,

      Sorry for my delayed reply as was on travel mode. Please note our reply as below:

      Ans. 01
      As per the definition of Associate Member the one whose name stands 2nd in Share certificate. The name can be added either by submitting an application for appointing some as “Associate Member” or if the name is appearing in the sale agreement. In case where the name is endorsed as Associate member in Share certificate just because he / she has right in the property jointly but do not submit For 10(A) {NOC from Member}, which is mandatory if Associate Member wants to be part of Managing committee / caste their voting right.
      Ans.02
      The law is very clear that the Associate Members can contest the election but Form 10 (A) is must.
      Ans.03
      Unless you have followed the process mentioned in the bye law as mention below you cannot do so.
      “Society shall classify the Members as ‘Active’ or ‘Non-Active’ Member at the close of every financial year.
      i. Society shall communicate to every Non-Active Member about his classification, within a period of 30 days from 31st March of every year as prescribed under these By-laws as per Appendix – —–
      ii. In case of a dispute about classification of a Member being Active or Non-Active, an appeal shall lie with the Registrar within a period of 60 days from the date of communication of such classification. “
      Ans. 04
      Firstly, As per the amended Act and its provisions, the elections to all the societies needs to be conducted by the SCEA only and societies cannot conduct the elections on their own.

      Ans: 05
      You may like to refer Society Related Bye-laws

  • Dear Rajeev,
    Greetings.
    I, as a Treasurer elected and Member of the Managing Committee impose or penalize a Member who is flagrantly violating and encroaching open space by parking his vehicle. Repeated request have been made in writing and also a registered letter was send to him and this issue was also raised in EGMs. The Chairman & Secretary are reluctant to address this issue or impose a penalty. As per the bye laws, penalty can be imposed 5 times the maintenance charges. So, can i take this action solely as a Treasurer. Please advise. Thanks and with regards.

    • Dear David,
      No! You can not take such decision as these decisions needs to be taken by the Managing Committee.

  • Hi, our society is going for redevelopment. We have also been given the token advance from builder. Lately high court has stopped redevelopment with increased iod, so builder has to go as per the existing iod. The builder is asking society for permission to go ahead with the new iod. Is it legal? Lalit

    • Hello Lalit,
      You will be required to go as per court order. As per the limited information provided here it seems that the court has only stopped the redevelopment with increase IOD but not allowed to to proceed with the new IOD so society cannot allow, if court has stopped.

  • In our society, a managing committee member is a govt employee and moved to stay in govt. given residential quarters. He missed more than six meetings in a row and he is not resigning too or given in writing the reason for being absent in meetings. Is Chairman is authorized to sack such member?.

    Further, is it allowed for an associate member, who is not resident in the society, to be Chairman in another society?

    Hope you reply to both the above points asap. Thanks. G. Nair

    • Hello Govindan Nair,
      The managing committee in its meeting can pass a resolution to sack him. However you need to have the sufficient grands / records to prove your bonafide.
      Yes! An associate member can be the member of the managing committee provided his application of Associate membership has been dully approved and recorded.

  • my housing society is inactive…..i was stationed on other city and my dad as well , my mom used to stay at flat under this housing society …now we all moved to the same…..all bills are regular and paid on time….. society never conducted any meeting or agm….only 12 members….6 members sold their flats and new occupants are bad….many problems like parking…new members did not allow parking space….most of the foundermember owners vehicle are kept on road.

    land of the premise is on 30 year lease from corporation(nmc). which is due to expire on 3 years….new members intentionally took over and never submitted audit thus making it inactive as they wanted one builder to take over….now they are saying that new builder will take care of everything……they are proposing to dissolve old society and create a new one for the same……lease is under old society…..

    my concern is stop all this…..and make old society active. how to do that?….only want t make old society active and renew the lease……how to make old society active…any feasible law for the same……

    • Hello Haraj,
      You may file a complaint to the registrar mentioning all the irregularities if the irregularities are found correct in enquiry he may appoint an administrator which will take care of your problem.

  • My inquiry is regarding the problem of continuing of same committee members, same secretary, same treasurer, same chairman, and same president for more than 15 consecutive tears…. Is it legal? can the same committee continue for years together? and our society is of more than 150 members.. and further this is plot owners society ..Wiil you sir please answer me? Thanks.. Garde

    • Dear Garde,

      If they have need elected every time after due election, they can not otherwise. As per the revised bye-law the committee ceases to hold the office after the expiry of the term.

  • Dear Sir need your help on urgent basis If society share cert issued in 1977. Regn cert issued in 1979. Can soc issue fresh share cert with new Date? If so with Registrar’ permission or just general body?

    • How can they issue the share certificate when the society is not registered. Yes! They need to issue the fresh certificate.

  • If a soceity of 45 members initially had 6 MC members however 2 members resigned leaving only 4 members,the soceity wrote twice to the Registrars n Electon authority in Pune to conduct elections to fill the vacant 2 posts but no response from them hence MC functioning with 4 members of which 3 are office bearers.
    Is this ok or we request for elections to fill in the vacancies.
    Please advise.

  • hi. it will be helpful if you provide answers for following queries.
    1. My co-op society is of 36 members. by proper rules we got elected 8 committee members. one of the members sold his flat and resigned from committee. We remaining 7 members are holding our positions. Is it necessary to inform registrar about resignation of 01 member?
    2. Due to personal problems out of 36, 03 society members are demanding to remove secretary of his post. Committee members are not having any issues with the secretary. Does the law says anything about such situation?

    • 1. Since you still have the quorum, there is no need to inform unless you wish to conduct the election to fill the position.
      2. For no-confidence you need 2/3 majority of the members. Therefore you need not to worry.

  • Hi,
    Please clarify if non resident owner can vite via evoting or proxy in general body meeting or elections.
    Thanks and regards,

  • Dear Sir,

    i stay in the society with total 47 flats & 25 shops in virar, ur AGM is delayed this year and every year it happens @ the last moment and last date of September, i just want to know that what is the penatly for taking the AGM after september and its procedure, what are consequences to face by the committe for taking the AGM late.

    Regards,

    Ajay Kashyap
    8421944554

    • Dear Ajay,
      In the event the AGM is not conducted before 30th Sept, society need to obtain the permission of the Registrar. The person responsible for calling the AGM can be disqualified as per Sec. 75(5) of MCH Act.1960 read as below;

      (5) If default is made, in calling a general meeting within the period or ‘as the case may be’
      extended period ‘prescribed under sub-section (1)’ or in complying with subsections (2),
      (3) or (4) the Registrar may by order declare any officer or member of the committee
      whose duty it was to call such a meeting or comply with sub-section (2), (3) or (4) and
      who without any reasonable excuse failed to comply with any of the aforesaid subsections
      disqualified for being elected and for being any officer or member of the
      committee for such period not exceeding three years, as he may specify in such an order
      and, if the officer is a servant of the society, impose a penalty on him to 7 [pay] an amount
      not exceeding one hundred rupees.Before making an order under this sub-section, the
      Registrarsh all give, or cause to be given, a reasonable opportunity to the person concerned
      of showing cause against the action proposed to be taken in regard to him.

  • I stay at Ketaki CHSL, I am ex Secretary , now the new committee has two office bearer who have not paids their dues and one of them wants to have a waiver off at the AGM despite being rejected in last AGM, can I ask for An Administrator to take charge of the Society and complete the Conveyance and Redevelopment as the motive of the new committtee is to make money out of the Society ? The AGM is on 29/009/2017. Kindly help, I resigned because no one is interested in stopping Corruption or not interested in doing the Society benefit.

    • Since you have only two office bearer, the committee is in minority and hence you may proceed to approach the registrar for appointment of the administrator and fresh election.

  • Dear Team,

    I am the joint owner of the flat where my wife name is first and my name is second. can i contest for the managing committee election. If YES then what procedure should i follow.

    Regards,
    Santosh Choudhary

  • Hi,

    Our society comprises of less than 30 members. The managing committee comprises of 8 member committee ( 6 in general and 2 in women category. We do not have any SC, ST or OBC residing in our society). I had a couple of questions.

    1. Some of the committee members would like to resign and want new members to be a part of the managing committee.What is the procedure for the same?

    2. If the Chairman, Secretary or Treasurer would like to resign and want new members to take that responsibility, what is the procedure?

    Thanks in Advance.

  • Dear sir, Let me thank you for your suggestions posted on this platform.
    I have one query , am lady committee member and all others are men.
    My committee member never called me for any meeting. from last 2 years, once they called when I was new but they said the meeting will at 11pm in the night and I requested keep all meetings during day time or on sunday in office.
    After that they never called me. Now the thing is this year they dint even inform me for AGM as well. neither i have received any circular at my door. I came to know after 25 days that meeting is over. I wrote letter to them asking explanation regarding both (why i have not called for AGM and why am not getting committee meeting intimation)
    Please note all the committee members are very close to each other closeness means everyday day sharing food going for picnics that much close . So I have no support from any member.
    They dont even understand English much.
    Currently there are lot of small disputes happening towards keeping biometic system which is useless as per my opinion,but secretary is not even discussing those thing that means they are planning without any discussion . Kindly advice how can sue them and stop all these nuisance.

    We have society of 40 members but in that 20 flats are rented. and remaining few are committee members and some are not interested in society activities.

    • Dear Bharti,

      As per the process the Managing Committee needs to communicate to all the Managing Committee members with regard to the date and time of holding the meeting. if they have not done that it will be violation of the provision and you can approach the Registrar for breach of bye-law and request to appoint the authorized officer and conduct the fresh election.

  • Hi Sir

    We have purchased flat in a Co. -Operative society on my mother’s name and we have cleared all dues but society is not ready to give no objection certificate as well as share Certificate. We have tried to talk to the chairman,but they are not entertaining us infect they are not ready to allow us in society what we can do in this situation ? can we complain to registrar for the same ?

  • SIr, I would like to know if a member has sublet his flat and staying in other flat and can he be still a managing committee member, secondly one of the MC member resigned and MC elected the member on their own without AGM or SGM. Can they do so.

    • Dear Jaya,

      In reply to your first question, yes he can become the committee member. But now you can not fill any vacancy by co option. You need to conduct the election as per the process defined in the election rules.

  • gifted my flat to my mother in 2005 & flat got transferred on my mother name. I filled up Associate Member form & become Associate Member. Last year my mother passed away. I submitted all documents to the society & transferred flat on my name.

    I want to know whether I can contest CHS Election & can become office bearer ?

  • I would like to know as Chairman,Treasurer, Secretary or as MC member once finishes his term will they be eligible immediately to contest the next election. If he contests then what is the meaning of new election committee. Please clarify as I need this information urgently.

    Nirgun Iyer

    • Dear Nirgun,

      Yes! As per new Election Rule they are required to initiate the process 6 months before the expiry of the term. The outgoing member can also the contest for the next term and there is no bar on this as long as he is a member.

  • Hare Krishna Mr. RAJEEV.
    In our society chs has been formed and hand over take over from builder has done, during this period builder took general meeting and manipulated the things and provisional committee was formed , which few members are thinking as complete authority , many other members are not liking it getting frustated, many of them are new or first time flat owners-they do not know many rules and regulations, how should we complain /approach to DDR , how many members are required to do this , can single complaint can dissolve this committee. what will be the format. the builder has one flat on his name and he has become chairman of provisional managing committee.

  • Can member became a secretary/chairman/treasurer/committee member ….If he not not residing in building since he given his flat on rent…?
    Pls reply sir

  • Recently old committee resigned and elected new committee…I want to know what are procedure to follow to take control and what list of documents and other paperwork to be take from office records ?

    • Dear Rakesh,
      The old Managing Committee should handover the charge of the society to the new managing committee within one month of the time from the date that new committee is constituted. They need to handover all the accounts / investment details, files and documents, records with the government agency, members records, contracts with the vendors, etc.

  • I have rented my shop to a snack corner now the society is not giving me an NOC saying that a resolution has been passed for a year no shops can be rented to snack parlours.
    I had already got in a deal with my tenant before I got the minutes of the meeting so wasn’t aware of this resolution. What should I do in this case.

    • Dear Napson,

      There are no such provision in the Bye-laws. Such decision are against the provision of constitutional right. If you wish you can challenge their decision in cooperative court. Recently, the High Court has kept aside the decision of society for not allowing Muslim to purchase property / taken on rent the property.

  • Hey Rajeev,We are a society of 199 Members and are planning election under D type and are shocked to know that the entire process of the election will be done in a day from filling the nomination forms to announcing the final results…Since we have many Senior Citizens here we are planning to request the registrar to conduct elections under type c which is a 35 day procedure and all the members will have enough time to understand the procedure and vote for the right candidate…Please suggest if that’s possible???

  • Is the audit report is valid without the signature of Chairman?
    Audit report is signed by secretary and treasurer which is valid or not?

  • hi My name is mahesh i am from mumbai i am a associate member of society my brother is member
    can i stand foe election
    i alraedy given 10 A form to society
    but register said that my name not display on notice board i will not stand for election
    now what to do election date is 3/02/2018
    pls help me

    thanks

    • Dear Mahesh,

      He is right. The name of the eligible members needs to be displayed on the society notice board as a part of process. You must have been appointed as Associate Member after this step. if before then you should have taken the objection.

  • Dear Rajeev sir, thanks for valuable comments on chs. How many individuals can a member propose to file the nomination of managing committee? Is there a maximum limit on proposing members who wants to be a part of managing committee?

  • Hi Rajeev..

    Can the same managing committee members, if interested, and if elected, continue to be Office Bearers even after completion of their 5 year tenure? Lets say the Society members want the same Managing Committee members to continue and unanimously vote for them for the next five years. Is this acceptable as per society laws?

  • Hi Rajeev..

    Can the same Managing Committee members, if interested, and if elected, continue to hold office after their 5 year tenure is complete? Lets say the Society members are happy with the present Managing Committee and in the Society elections, unanimously vote for them to continue as Office Bearers. Is this acceptable as per Society laws?

    • Rajith,

      Yes! Why not if during the election they are selected they can be re-elected for new term. Election is necessary in any way.

  • If managing committee denies membership to registered nominees on spurious false reasons despite deemed accepted state of their transfer of shares as well as membership three years ago just to prevent them completing formalization of their transfer of ownership rights too subsequent to their nominee transfer so that they cannot stand / participate in the election process and this before redevelopment what is the protection these nominees have by the law of the land.

    If outgoing managing committee does this out of their term (more than 5 years after their date of election) and fabricate false letter of date of assumption of office how can the same be controlled.

    Can outgoing managing committee be allowed to take redevelopment decisions in AGM after their term is expired just because they are occupying the seats by delaying election process ?

    • Our reply to your points;

      1) The question of transfer of property to the Nominees falls under the Section 91 of MCS Act 1960 and hence can approach the Cooperative court.
      2) The outgoing member can not take any policy decision and as such their decision will be void if taken post expiry of their term. If they have fabricated the date of assumption one has right to file the criminal proceeding of cheating and dishonesty.
      3) Well the outgoing committee may not have the right to take the decision of the re-development but the AGM is supreme body and if such decisions has been taken by the AGM then its valid.

      • Sir
        Q1-Can a CHS Managing Committee put the name of a deceased member of the CHS on the active member and voter list with age as ‘-‘ ? His family was deemed accepted members since Jun 2015. Should they have been allowed to vote instead ?
        Q2- CHS-MC also did not put Member or candidate lists on notice board at all.
        Q3-All this was alerted to election officer he says he cannot do much as person whose name is there must be present to vote and proceeded with elections. Thereby interest of the flat in the voting process was denied what is the recourse and protection that family of the deceased have ?
        Q4-Formal letter raising these issues and objections was given to election officer before election commenced but he did not read it and later he does not file these with election papers at the election office as possibly the CHS Managing Committee either brainwashed or bribed then what can be done?
        Q5-How does one get a copy of the papers filed by CHS-MC at the election office ?
        Q6-The CHS managing committee had some members who were not officially associate members as per share certificates or as per sales deeds as their wives/mothers were members and officially owners of the flat (to save tax as applicable for women owners of property). They were occupying the seats without doing the necessary paperwork. However just before elections auditor possibly alerted them and they added the names to the share certificates and CHS registers on their own within the Managing committee. When election officer asked only CHS registers were shown by some of these members and some excuses were made when he asked for share certificates / sales deeds saying that these are in some other place in the individuals other home or office etc. How can this kind of fraud be protected against.
        Q7- How will the election officers verify that names on share certificates are not added with earlier Associate Membership of Rs. 100 and are added after verifying that person is either a joint purchaser of the property or has had a transfer / gift deed effected properly or is an official legal heir / nominee. Just seeing names on share certificate will not achieve these ends surely and then what is to be done if election officer does not verify these aspects despite a formal complaint ?
        Q8-The last most advisory from CHS Deputy Registrar actually put back into force that older way of associate members (giving 100/-) was ok as the new amendments to law were creating CHS confusions. So what is the reference for the law / byelaw stating that only those associate members are applicable to vote those that have their names in sales deed/share certificates ?
        Q9- Some of the committee members had more than 2 children before the 7th Sep 2001. The law says that if anyone had more than 2 children (barring case of twins counted as 1 child) ON or AFTER 7th Sep 2001 they are barred for life. However some seem to apply this only after 7th Sep 2001 though others tell you that an earlier law also existed but people were not following so the Govt forced it on 7th Sep 2001. Now the excuse given by CHS Manager is very wrongly that it is only applicable since amendment so that they can justify their presence. The law I think, was made to control population as well as frauds as people with larger families having more needs are more prone to compromising the interests of a community for their own needs and greed. Many interpretations of this law seem to be oscillating one way or another. Can you kindly provide exact references which one can use for the older law and the amendment that needs to be considered.

        Thanks in advance for any kind guidance you may provide as unable to find any guidelines on this very real set of events. Managing committees are using the loopholes and confusions between the laws and byelaws to fool the members and at time deny rights and this needs to be checked.

        • Ans. 01: No.
          Ans. 02: That’s not correct. A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. The member who has completed minimum two years as member from the date of his enrolment and who is an active member shall be included in the provisional list as laid down in sections 26 and 27 of the Act.
          Ans. 03: The job of Election officer is to conduct the election as per the process and in fair manner, please note that he is not a investigating officer. Since no proxy is allowed it is required that the person whose name is mentioned in the list needs to be physically present for voting. So incase if they have mentioned the name of the deceased member, he cannot cast his / her vote.
          Ans.04: No comments.
          Ans.05: You may file and RTI with SCEA. Alternatively you may also write / send your complaint to Shri. Madhukar Sukadev Chaudhari, Commissioner of State Cooperative Election on comscea.pune@maharashtra.gov.in
          Ans.06: If the objection were raised, it is the duly of the Election Officer to verify the records. Though he may not go in details but can check the register & share certificate to satisfy him.
          Ans. 07 & 08: As above.
          Ans.09: It is applicable after 3rd Amendment. Hence its correct.

  • Dear sir,
    our society incorporated in oct-2016 than we made one provisional commitee. That society still working and so many times we told for election but they are not interested.

    please let me know that can provisional committee can work more than one year ?

    what should we do?

    • Dear Raj,

      No the provision committee can not work more than one year. It is required that the Provision committee should call for the regular election within this period. If they are not interested then suggest you as active member can file a complaint to the Registrar and he may then direct the provisional committee to conduct the elections.

  • Hi , if member got 3 children before 7/9/2001 …….sec 73CA(A)(e) is this law applicable ?
    Now he is a Chairman is it legal ? should he Resign ? If law applicable , how Soc can process his resignation if he is not ready ? can Soc enforce ?
    Thank U

  • Dear Sir,
    We have 28 flats in our society. Our current committee term is ending March 2018.
    For 28 members, will govt officer conduct elections or can we conduct our own and submit copy to registrar.

    Thanks,
    Naresh

  • Hello. Can a Secretary who is hindu and have two wife( one in Mumbai and second in his netive place) can hold the secretary post. and if not then what action can be taken. Note : Election was conducted just two month back.

    • Dear Umesh,

      In MSC Act there is no such provision, but you can certainly proceed with filling a case against him under Hindu Marriage Act which does not provide to have two wife. Once he is found guilty, MC can take suitable action.

  • Hello Rajiv Sir,

    We are a society of 53 members and the last AGM was held in October,2011, since then there is NO AGM held.The reason for not conducting AGM in last 6 years is that the treasurer not providing account details and hence no audit report. Now we persuaded the treasurer to provide the account details along with the previous AUDIT for which he finally agreed. Now we are going to conduct the AGM. My questions are – To held election and select / re-elect MC do we need to inform Registrar? As there is no AGM since last 5-6 years, whether the current MC is eligible to contest the elections?
    Please advise.

    • Sarath,

      The option available to you to inform the Registrar about both the issues i.e. 1) No election since last 6 years 2) No account audit. The registrar may then appoint an administrator and auditor for conducting the account audit and also a election officer to conduct election.

  • Sirs,

    I have a question. A society to achieve quorum admitted large number people as associate members who have no title, right and interest in the property by placing their names in the share certificates with the consent of the original flat owner. All of these associate members resigned from the associate memberships once the redevelopment resolution is passed. Is this activity and the resolutions are valid. The incident happened in the year March 2014. Please provide me with an expert opinion about the issue.
    Regards,
    P. J. Pillai

    • Dear Jayacandran,

      The associate member has right to attend the meeting and cast his / her vote. If they have been appointed after following the due process then can not be termed as illegal. However, if this has been done only for a specify purpose then you need to prove the Malafide intention of the society by highlighting that they were only appointed for the specific period. You may have a chance to get the order in your favour.

  • Dear Sir,

    Thank you very much for answering to queries. Our promoter has handed over society registration certificate and share certificate. Survey number mentioned in index2 and society registration certificate are not matching. What managing committee should do with this. Also can MC issue share certificate now or after getting correct society registration certificate
    Thanks you very much for your help.

  • Dear Sir,
    Our society is a 8 members society in westbengal. Chairman is not presently available and in abroad. Can the Secretary along with any members of the board can signature on a deed of conveyance on behalf of the society after passing a resolution?
    Thank You

    • You may call a special AGM and take a resolution that the Secretary would be authorised to sign such document. Since AGM is supreme the decision will be final and binding.

  • Hi Rajeev,

    What is the procedure for electing chairman, secretary and treasurer. Are there any kind of reservations while electing these office bearers. Thanks

    • Dear Santosh,
      As per the new amendment / election rules, it’s mandatory to select office bearer in presence of the Election officer.

  • Hii,
    I m tejas jadhav i stay at bhayander last year we held a AGM in our society, and i was appointed as a secretary of our society, bt i m the co owner of my falt my dad is first owner.i have all legal process for puting my name in my maintance n in all society documents so i wnt to ask do i hav n authority to b a Secretary of my society.

    • Dear Tejas,
      If your name appears in the Share Certificate as Second then you are considered as “Associate member” who has right to be a part of MC.

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