Legal Support
Dear Sir Ours is the society of 30 members. Recently election is declared by election authority. Now we have two members of earlier committee which were disqualified under 73 CA and 78a but they were allowed to vote by Registrar. They can not contest election for 5 years. Also we have two defaulters , we have send them notices but have not taken action under 101 so registrar allowed them to vote and contest. One defaulter has not paid single rupee since beginning. What action can be taken.? Registrar supported them saying the case is pending for judgement in my court so defaulters can do anything. Do we have to inform to SCEA about this gross irregularity. To one member we have sent notices by post three times to settle his dues.
Conversation of Legal Support
Adviser: I presumed that the elections were held recently. In that case I further assume that rules governing nominations, scrutiny and rejections etc. as laid down under the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 were complied with by SECA’s representatives. Since you mentioned that they have been disqualified for 5 years I presume that it is for making a false declaration in the Nomination form as required under Rules 20 of the New Election Rules on Form E-5 which read as below; “I hereby declare that I do not incur any disqualification under Section 73 CA of Maharashtra Cooperative Societies Act, 1960 .” In this situation the Election Authorities are at fault. One can raise a dispute under Section 91 for allowing a disqualified member to contest election. In case of default by Member in payment of maintenance and service charges, the committee shall initiate a recovery proceeding under section 101 of the Act.
