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Who has the right to remove an office bearer of the committee in Housing Society?

Our common query, Who has the right to remove an office bearer of the committee in Housing Society?

An office bearer is a person who is responsible for in managing under the authority and holds the responsibility of the smooth functioning of the housing society and its office.

Nowadays, the scene has been changing; more and more housing societies are complaining of harassment by their office bearers because of the authority entitled to them.

There is a provision under society bye-laws to remove an office bearer of the committee during his / her tenure if a motion of no confidence is passed at a meeting of the committee. There should be a majority of 2/3rd of the total number of committee members, who have the right to sit and vote at the committee meeting. The request for the same have to be signed by not less than 1/3rd of committee members; a form has to be submitted or delivered to the registrar for the same.

However. no such request can be submitted within a period of six months from of date of joining by the office bearer. A detailed procedure for passing the no-confidence vote is mentioned under Section 73-ID of Maharashtra Co-operative Societies Act 1960; it has to be read in accordance with Rule 57A under Maharashtra Co-operative Societies Rule.

22 thoughts on “Who has the right to remove an office bearer of the committee in Housing Society?

  • I have been elected by AGM along with mc but it is not informed to election authority. Can secretory be illegal office berer as it is elected una imouly by agm pl guide

  • Please educate us on the status of our committee. The 5year tenure ended on 4 sept 2016. In Jan 2016 an application was sent to the Registrars, then again in April 2016 for elections was sent to the Registrars. No response from the authorities. Later we were given the guidelines of online Registration etc We have completed the online process as required on 23rd September 2016. In the AGM that was on 25th September the General body challenged our status in continuing in the office. They want the Committee to function only as a care taker Committee. Pl guide us.

  • Please educate us on the status of our committee. The 5year tenure ended on 4 sept 2016. In Jan 2016 an application was sent to the Registrars, then again in April 2016 for elections was sent to the Registrars. No response from the authorities. Later we were given the guidelines of online Registration etc We have completed the online process as required on 23rd September 2016. In the AGM that was on 25th September the General body challenged our status in continuing in the office. They want the Committee to function only as a care taker Committee. Pl guide us. Are we supposed to run the society as an normal Managing Committee till the election are declared or as a Caretaker Committee with no capital expense. We have just adopted the new byelaws on the 25th September 2016.

  • Our society MG committee election took place in 4december 2016.we are filing election petition in coop court. When earliest we can move no confidence motion against present office bearers. Please advise. No confide motion to succeed require simple majority or two third. Please advise. Jayant

    • Hello Jayant Sanghvi,

      Please read the relevant provision as below;-
      Provided that he shall cease to be the Officer, if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer.
      Provided further that another motion of No Confidence shall not be brought against the Chairman or as the case may be the Secretary or Treasurer of the Society unless the period of 6 months has elapsed from the date of preceding motion of the No Confidence.

  • If a managing committee member/s want to resign and in his place the respective wing CHS want to replace with other members. Does the law of CHS act not allow… Does it says that during the five year term until next election the new representatives cannot be taken. But it will be left vacant and the replacement can happen only after the present term is over.
    I hope we other members are taken for the ride by this so called sctry bcoz other members are unaware of the exact interpretation of the law.
    What is the right way to do.
    Tks and Rgds.

    • Dear Rajani,

      Law does not say that you can not replace, however it has become mandatory to follow the new election process to fill the vacant positions.

  • Sir, During 2017 AGM, General body demanded service charge reduction, refund and transparency in major repair funds. In response to this demand entire managing committee declared their self resignation and general body accepted it giving instructions to MC to continue till alternative arrangements are done. Chairman concluded meeting with declaration that , next day entire managing committee will submit resignation and initiate election process.
    In reality even after 2months same managing committee is continuing and to our surprise nothing is mentioned in AGM minutes about their resignation. They refused to handover the video cd. Residents are threatened , any action taken as per AGM actual proceedings then registrar will take over society. This act has added doubt in the mind of AGM attendees but we don’t know what needs to be done.

    • Maddy,

      The only option you have to approach the registrar for the same who will appoint authorized office and the election commissioner to conduct fresh election.

  • Can an individual carrying on with the business of Estate Agency,be eligible / continue to be an Office Bearer and/or Managing Committee Member as per the current Bye-Laws in force? If not then what is the procedure to be adopted to rectify the anomaly?

    • Dear Mr. Kotian,

      There is no such restriction in bye-laws. However as per bye-law 119 he / she shall not be present at the consideration of any
      matter, in which he / she is directly or indirectly interested.

  • Is it neccessary to mandatory ? wait for 6 months after elections to remove a secretary by no confidence motion

    • Dear Vijay,

      Refer bye-law No 124 which provide and option to move no confidence motion against the committee members. No Confidence motion is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and
      the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer.

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