New Election procedure for Co-operative Housing Societies

electionsBy Accommodation Times News Services

By Sunil Deshmukh

District Deputy Registrar (Retd.)

For K.K. Ramani & Associates

The Government of Maharashtra has amended the Maharashtra Cooperative Societies Act, 1960 in 2013 and introduced new election procedure for cooperative housing societies.

 

We have explained the procedure as per the Act regarding elections to be conducted by the cooperative housing societies.  We trust that you will find the same useful.

 

Elections of Cooperative Housing Societies

 

1.    Maharashtra Cooperative Societies Act, 1960 has been amended on 13th August, 2013.  As per the amended provisions of Section 73CB(1), State Cooperative Election Authority has been constituted.  The Elections of all the Cooperative Societies have to be conducted as per the provisions of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

 

2.    The Housing Societies have been classified in two categories under the aforesaid Rules:

 

i.               Housing Societies having 200 or more members as on 31st March of the preceding year in ‘C’ Type.

ii.              Housing Societies having less than 200 members as on 31st March of the preceding year in ‘D’ Type.

 

Both type of Societies which are due for election has to submit the information in E-2 Format of the aforesaid Rules.

Form E-2

Forms of report to be delivered by the committee of the society 6 months before of the expiry of the period of the committee of the society.

 

Sr. No. 

 

 

 

 

 

 

 

(1)

Name of Cooperative Society with registration No. and Address 

 

 

 

 

 

(2)

Date of result which last election of managing committee was held declared. 

?

 

 

 

(3)

Date on which term of the present MC members in the office to expire. 

 

 

 

 

(4)

Names of the constituencies as per bye-law. 

 

 

 

 

 

(5)

No. of MC members to be elected against each constituency. 

 

 

 

 

 

(6)

Remark 

 

 

 

 

 

 

 

(7)

 

Note:  The Certificate from the Chief Executive Office / Secretary of the Society to the effect that submission of provisional voter list will follow within 7 days shall be as under :

 

Certificate

 

I, Shri / Smt. _________________, Chief Executive Officer / Secretary of ___________ _________ Society Limited _________, hereby certify that –

 

(1)           The Society shall prepare provisional voters list of the members prior to that date and on or before expiry of 120/150 days.

(2)           The information furnished in the Form E-2 is as correct and derived from the records of the Society.

(3)           The particulars to be included in the provisional voters list shall be according to the Rules No.6 of these Rules.

Seal of the Society

Date :

Name and Signature of the

Chief Executive Officer / Secretary

Of the Society

The Elections of the ‘C’ Type Societies will be conducted Returning Officer appointed by the Assistant Registrar / Deputy Registrar of Cooperative Societies of concerned Ward.

Every society has to submit the information in above format to the concerned Assistant Registrar / Deputy Registrar.

The Elections of ‘D’ Type Societies will be conducted by the authorized officer appointed by the concerned Registrar.  The Societies have to submit a copy of the byelaw along with the Form E-2 to the concerned Registrar.  Society has to submit final list of voters to the concerned Registrar.   The society should prepare voters list considering Section 26(1), which reads as under :

 

26(1) a member shall be entitled to exercise such rights as provided in the Act, Rules and the Byelaws.

 

The members should be eligible as per Section 27 of the Maharashtra Cooperative Societies Act.  He should not be a defaulter under Section 73CA and should not be disqualified as per the provisions of Byelaws of the Society.

 

The relevant provisions of Section 27 are as under :

 

(1)  save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any society shall have more than one vote in its affairs and every right to vote shall be exercised personally and not by proxy.

(1)A – notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the Society and use the services upto the minimum level as specified, from time to time, in its byelaws, shall cease to be active member and shall not be entitled to vote.

(2) Where a share of a society is held jointly by more than one person, (the person whose name stands first in the share certificate, if present shall have the right to vote but in his absence the person whose name stands second and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate who is present and who is not a minor shall have right to vote.

(8) No nominal member shall have right to vote (and no such member shall be eligible to be member of a committee)

Section 73CA (A)(e) of the Act : “a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under Certificate of posting demanding the payment of dues and such member fails to make the payment become disqualified.

A member who is having more than two children on or after 7.9.2001 is disqualified to become a member of the committee.

The Secretary /Manager of a society has to prepare a provisional voter list as per the I-Register of members and publish it on the notice board of the society calling the objection on it within 2 days.

After two days prepare a final list of voters and to be submitted to the concerned Registrar in four copies.

The Returning Officer shall be appointed by the concerned Assistant / Deputy Registrar with the prior sanction of State Election Commission.

The Returning Officer with the consultation of Registrar and Society will prepare an election programme and will display it on the notice board of the society.

Expenses of Elections 

1.             Remuneration to the Authorised Officer Rs.750/-

2.             Election Funds – less than 25 members – Rs.2500/-

26 – 50 members         – Rs. 4000/-

51 – 100 members       – Rs. 5000/-

101 – 199 members     – Rs.7500/-

Strength of Managing Committee

 

No of member of the Society General Reserved ? ? ? Total Quorum of Meeting
? ? Women SC/ST OBC VJ/NT/SBC ? ?
Upto 100 6 2 1 1 1 11 6
101 to 200 6 2 1 1 1 13 7
201 to 300 10 2 1 1 1 15 8
301 to 500 12 2 1 1 1 17 9
501 and above 14 2 1 1 1 19 10

 

* Quorum for the meeting will be simple majority for the existing Committee Members.





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544 thoughts on “New Election procedure for Co-operative Housing Societies

  1. What is the procedutre for dissolving a elected committee by the chairman.
    Or
    How to expel a committee member or chhange the posts of tressurar from one committee member to other?
    Seshadri
    Chairman of a Hsg society having 47 members

  2. In our CHS, in last 20 years, (1) No elections held as per ByeLaws (2) No AGMs Taken (3) No Audited accounts submitted. Present MC declared themselves as elected after a Chaotic SGB Meeting attended by Members and Non-Members alike ( without any pre-election procedure). As any action of this MC is considered as Null Ab Initiao, can this M.C. now apply to Dy.Registrar for fresh election ? WE have been advised (1) that any New MC made out of action of such Nu.Ab Initio MC is also considered NullAbInitio and (2) instead, We should Form a Provisional Committee in consultation with Dy.Registrar to carry out pre-Election procedure. Is it Correct ? What Sec. of MCS Act supports this ? Is such provisional committee empowered to add name of Proposed Associate Members on Share Certificate ( so that such members can vote ) ?

  3. Hello sir mujhe kuch khas knowledge nahi Hai property ke bareme bas aapse ye Janna Hai ki agar koi builder jiska agreement khatam ho Jaye aur use renew karna ho uska agreement agar to kya use penalty ke tour pe kuch amount pay karna Honga society ko.

  4. Member A – is an associate member / member of the society.
    Member A – is also a tenant of the society since he owns a shop.
    Presently Member A as a tenant is in involved in legal issue with the society. Can Member A stand for Managing Committee elections even though he has an on-going case against the society? will that be a conflict of interest?

  5. It seems Registrar have started earning money by making money in this manner. They need to understand this is society not a corporate. Rules and control has to be there but in simpliefied form

  6. We have 12 Members in our Hsg. Society. Whether we should follow same procedure,which seems lengthy.
    Election Fund of Rs. 2500/- to whom to pay and how?
    Immmediate guidance will be very much useful to complete the
    Election procedure.

  7. I need help on election process as if there r 34 candidate means two panel (17 candidate in each panel).

    Symbol given to both the panel.

    now while giving a vote as a voter need to give a vote to any one panel or individual candidate.

  8. Dear sir,
    We have 142 flats & 32 shops society but now we have only 8 members in MC now mc has decided to take election for vacant post. what is the procedure for election for only vacant post.

  9. SIR,
    PLEAS GUIDE THE FOLLOWING ACTS OF MANAGING COMMITTEE ARE VALID,
    1 THE AGM FOR FY 2015-16 IS TO BE HELD ON 20/11/2016. AS PER MY INFO LAST DATE WAS 30/09/2016.
    2. SOCIETY APPOINTED AUDITOR M/S ABC FOR FY 2015-16 IN LAST AGM IN 2015. NOW WE HAVE AUDIT REPORT FROM M/S XYZ . WE HAVE NOT APPOINTED M/S XYX IN AGM.
    3. NO TDS ON PROF FEES /SECURITY CHARGES AMOUNTING TO RS 35000/ AND RS 450000/ RESPECTIVELY FOR THE FY.
    4.NO SERVICE TAX PAID EVEN THE BILL DOES NOT MENTION OF 15% ST.
    5 PAYMENTS ABOVE RS 1500/ IS NOT MADE BY CROSSED CHQ ON SEVERAL OCASSION

    PLEASE GUIDE.
    REGARDS.

  10. Dear Sir,our 160memberred regd society took election,later elected chairman,secretory resigned,in Special gen body meeting another members added and appointed as chairman and secretory,is it valid or new election is needful?—Dr.Baisane mobile-09821374286

  11. Sir If New Elected MC of 6+2 is form in 40 members society and after 1 year if 2 Ladies member and 1 General members want to resign, what will be effect to current MC and what will happen next to fulfil back required members ? please suggest

  12. Dear Sir,
    1)Can a provisional committee undertake any major repair work worth 80 lakhs on a Building where no OC is given by promoter
    2) Can a person staying in a flat on his wife’s name be an associate member to come into managing committee and cast vote in election

  13. We have a Federation with the strength of 12 members of representative of 5 Societies. Total 586 members of all 5 Societies. On behalf of all 5 Societies federation made all 5 Societies as a Federation member & made committee of 12 members as per the strength of Individual Societies( % wise on Flat Basis). I would like to Know in Election of Federation who having a Voting rights to cast the vote? all the 586 members or strength of Federation.As per our Bye-laws we mentioned,when Society is member then 1 Society having rights to 1 Vote.. Pl. suggest.

  14. I am staying in a housing society and we have a managing committee elected for a tenure of 5 years. Both our secretary & Chairman want to resign now after 1 year is over. I am given to understand that if Chairman resigns then the entire Managing Committee stands resigned and we have to approach DDR for the fresh elections. Is it correct or what else is the procedure? Please let me know.

  15. Treasurer of our society has resigned from her post and opted to be a managing committee memeber. Is this scenario, can the managing committee appoint a new treasurer from the existing committee members ? According to my knowledge, this is possible the reason being, treasurer was elected as a member first by the AGM and the managing committee has selected him as the treasurer.

    would request you to clarify…
    thanks

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