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. Sir our society MC terms is overing on 8th JUNE 2015 , but still not declare any election dates and want to remain as MC after 8th JUNE 2015 . is this valid, if not what legal steps can be taken,
    Even on Last year 8th JUNE 2014 MC releceted themsleves for 1 year with 18 memebers presance without informing all other absent memebers of 40 memebers society .
    pl. reply

      1. Dear Sir,
        Pl. explain what can be done if OLD MC tender their resignation from POST ( CP, V CP, Sec, Tre all ) in SGM before 1 day of expiry terms , and walkout , so if all other members selected 5 regular memebers as New MC , can be this validated this is happen on 7th JUNE 2015

  2. Two members of our Housing Society indulged in willful wrong activities with the Electric Board installed by MSEB when their Electric connection gone off due to over loading. They put off our DP too and put six members under dark in the wee hours of the day. We registered an NC with the local Police Authorites and they were called. But still they come out with wrong execuses and putting blame on the Managing Committee because of the Managing Committee their electric connections were gone off. What Action can we take since the NC is Registered and it leads court case (criminal) under IPC 507. Can we expel these members once the court case is registered.

  3. When Municipal Property Tax is being paid by Individual in a CHS, if suppose one member fail to pay the Tax and become defaulter, the concerned Municipal Authority would take action such as water cut, etc. on individual member or it affects the whole society.

  4. I am owner of a tenement in an Ekta Apartment Owners’ Association then Regisxtered by CIDCO Limited, constructed Eight buildings and allotted to 128 buyers. The Association wants to convedrt into a Housing Society. What is the procedure to be followied. Please furnish detail;s.

  5. Dear Admin,

    Our soc. in Mulund (Mumbai) has asked us to pay an extra charge of Rs. 2000 per time for use of lift for debris removal from my 8th floor flat.
    Does the MC have the rights to do so?
    Please advise.
    Thank you in advanc.

  6. We are society from khar mumbai. total no of members 11. do we need to follow this procedure. one of my friend said that there is recent notification by which the society having less than 30 memebers are exempt from this procedure. kindly clarify and
    pls provide if there is any such notification is there

  7. Our society is not registered ..it is ongoing but someone from the said society filed complaint with the name of unformed society .Does this complaint valid ? or is it personal liability of complainant?

  8. As per registered by-laws of our society we have conducted elections on 14th June 2015, as the 5year term of the MC was coming to an end on 13June.Notice of our intent to hold elections on 14 June along with the requisite forms/information was submitted to the Dy. Registrar on 28 March, and a subsequent reminder given upon non-receipt of response in reasonable time. Seven members were declared elected unopposed by the Returning Officer appointed by the MC. The election was endorsed by the AGM held on that day. About a week before the elections notice was received from an authorized officer to contact him with particulars already submitted as above. We propose to inform him of the results of the election and endorsement thereof by AGM.Ours is a society not having any internal disputes in respect of management. We feel that co-operative societies are essentially self governing bodies and unnecessary interference by government in their management is uncalled for.The out going MC members propose to hand over charge to the new committee, as their term has expired and essentially they are not permitted to remain in office for more than 5 years as per the bye laws. Please advise.

  9. Dear Admin,

    Thanks for helpin us we formed a adhoc committee in kharghar navi mumbai in swaraj imperial chs, and now want to go for form a committe what is the procedure pl let me know,.

    Rgds
    RK Shreevastava

  10. If I am working with pune corporation as an engineer then can I contest in co operative housing society election?

  11. Once the election is completed in the housing society in presence of authorised representative of the registrar then in how many days the said representative should give report to the society so that the society can form new managing committee?

  12. newely commitee is formed in that out of 101 flat owners 10 member submited nomination and without voting all selected on 4th january 2015. but in that 3 member is from previous commitee and many misappropriation of fund in last 3 years. i am treasure they not allowed me to check old account and debit voucher and in group forcing me to resign .even not calling all members meeting. only 4-5 in group take decision and pass all cquation.

  13. Sir, in our society our name comes on second in sharecertifcate and we are having family dispute with the person whose name is first in share certificate.now that person is secretary and is well off .he with the committee me members arharassing us and not sending any circilars, notices etc to us.they r boycotting… also they don’t stay there for past 30 years whereas we are staying from past 30 years. Also had complained thus regarding to registrar but even after receiving registrar letters society does not respond.its seems society does not have any respect towards registrar. Sir please suggest what can we do as we do not get. Correspondence of society as all listen to them and send to their diff address even we stay there…

    1. Apply to court for adverse possession and let court decree in favour of you after you prove that you were staying there uninterrupted for last 12 years and there was no attempt by first owner or anybody to vacate it.

  14. We are a coop. housing society of 66 members at Mululnd , Mumbai which was registered in June’2010 by builder/developer. However the society management is taken over on 2nd August’2014 only by a Prov Managing Committee. Please inform when are we required to hold elections for a new managing committee. We would prefer to abide by all the rules and regulations. Pl inform whether you can assist us in the procedure or recommend someone to assist us on professional assignment basis.

  15. we are a society of abv 100 members. most of the principal/ primary members are abv the age of 70 owing to which they cannot discharge their duties eg contesting elections . Is there any way or method by which associate members can contest elections n be a part of managing committee eg if passed a resolution in EGM/AGM ?for the sake of a healthy state of democracy .is there any other way by which an associate member contest election n be part of committee ? Pls guide me sir

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