Legal Support

Dear Sir, Our society is in Dombivli, Thane, Maharashtra and has 79 members. Due to unawareness of the new election rules, we had our society AGM in 2016 as usual and elected the new managing committee for 5 year term. When we visited The Thane District Cooperative Bank for updating authorized signatories of our society account, we were informed that we have not conducted the elections as per new bye laws and need to get the elections regularized or approved by Registrar of the society without which the bank can not update the records. Please guide us a way forward in the matter as managing committee is already functioning since 2016 and what needs to be done to get the bank account operative. Secondly, what is the benefit to the society of having representative from Registrar of societies in electing society managing committee when society is functioning smoothly and if there is no opposition and eligible members get elected unopposed. Further, we learnt that there is amendment to this elections bye laws, since it is being debated in various forums as there is no much benefit particularly to the Housing Societies, is it true?

Conversation of Legal Support

Adviser: Dear Mr. Divakar, Yes! There has been an amendment in the Society Rules and as per the rules, it is necessary that the elections are conducted in presence of the Presiding Officer appointed by the Election Authority. In your case suggest the managing committee inform the registrar and request for the fresh election on immediate basis. Well the purpose of the presiding officer is to ensure that the election are conducted in fair manner and in accordance with the law.

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