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

  1. sir,
    our secretary has started a renovation work without informing the new committee formed on 09/08/2015 by Authority, he said that was passed by old committee.
    Please clarify that can he do so?

    1. First inform as to whether Secretary is of old Committee or new committee formed.
      Ask the present committee to provide you Minutes of the Managing Committee in which renovation work was passed by old committee.m9YZ. Anil-

  2. Sir,
    I m the member of new committee formed on 09/08/2015, we had only one mcm meeting for chairman/sec/tres., we had not discussed or he has not assigned any work to me, I had some general talk with secretary regarding renovation work, not verbal fight or hot discussion , but in night at 09.20 the chairman called me and talk me in a very insulting words and threaten me. I filed a FIR against him in police station but because of secretary and other committee member not taken any action against him, but i want to register the complain to registrar, Please tell me can i do this?

  3. Sir, In a C-type Society, if a nominee has failed to collect his or her Election Symbol within the verbal time schedule by the representative of the Coop Registrar, before the actual date of election, can he / she be debarred from contesting the election. Can she /he contest without any symbol? Shall be grateful for your clarification.

  4. Sir,
    If a member, having filled in the nomination, for Mg.Committee membership election, in a C-type society, fails to collect his symbol from the representative of the Registrar, during the period specified, can he/she not get the symbol much before the actual election ? Alternatively, can he contest the election without a symbol? Kindly advise.

  5. I wanted to know if a person stands for election does the person have to stay in the society for a perticular period after which he/she can stand for the election

    1. If a person does not reside in the society or he has rented or sublet his flat then he is not eligible for being elected as a member of the committee.
      Anil-Advocate

      1. Is this mentioned anywhere in the society rules as some members who are non residents want to be inducted in the committee even though residents have requested them not to…

  6. Hi,
    We had recent (2 months back) Management Committee elections for our housing society. One seat reserved for “OBC” is vacant.
    What is the procedure to fill that seat if an eligible member want to contest or get nominated against this seat?

    Thank you.

  7. Sir,
    Shall be grateful for earnest guidance on the doubts mentioned below:

    Ours is a co-op Hsg Society in Pune having 200 members. All the elected members of the Managing Committee resigned due to personal reasons in September,2014 (Term was from July,2011 to July,2016).

    On the advice of Legal Advisor, Administrative Committee consisting of Chairman, Secretary and Treasurer was formed/constituted in a Spl.AGM on October,2014.(Though the Secretary and Treasurer were not eligible to hold any post of office bearer in the Society i.e. one being co-opted member of the elected committee which resigned, he cannot again become member of the Adm.Committee and the other has three children, third one born after 2011. However, no one raised the objection as the members are generally not aware of all the rules.

    I understand that as per rules, the term of the Administrative Committee is 6 months further extendable by 3 months. Hence, the term of our Administrative Committee expired on July 15, 2015.

    No effort was made by them to conduct elections before the expiry of the date of Administrative Committee.
    Now, the Adm.Committee has put a provisional list of all the members as on 31-7-2015 which even contains the names of members who are yet to complete 2 years in the society. Members with even 6 months have their name in the list.
    They have also circulated the notice for conducting AGM in the second week of September. The AGM notice has a point reg. conducting of electins through an Auditor who has conducted audit of the society.

    I would like to have your guidance(1) whether the Adm Committee has the powers to function beyond the expiry of their term,(2) powers to conducting AGM and (3)whether only the Returning Officer of the State Election Commission approved by the Dy.Register is to conduct elections (4)violation of rules by them etc.

    Your early reply and guidance would be appreciated.

  8. Learned sirs/Admin
    Can a member contest election and be declared as having been elected, even if he does not attend the meeting fixed for conduct of the elections?

    Please reply.

      1. Sir,
        The situation is that the concerned member has been staying abroad for past about 4-5 months. On the date of election also he was abroad and is not likely to return anytime sooner. Would the reply be still the same?
        (it is not clear whether the procedure as stated was carried out)

  9. sir, our managing committee willfully resigned their own in AGM. New members also selected for Managing committee before the secretary in AGM. Our strength is 72 members. We dont want to bear expenses of election? can we skip election formalities????????

  10. We have received election date from registrar and chairman have kept the cheque and stamp with hkm and he ia not ready to give the same to go ahead with the process. He wants to cancels this move of election. What are the other process to make payment to registrar.

  11. Our Society has submitted the Form E-2 for conducting election to Sub-Registrar. Secretary has filed complaint to Sub-registrar against chairman & Treasurer for non-access to keys & documents & all records with Chairman & Treasurer. Now it seems that AGM has not been called by the Chairman & Treasurer. Can it will be possible to debarr Chairman & Treasurer from filing Nomination for election.

  12. A major financial fraud was identified in our society with proof against some of the managing committee members. One of the member has also agreed in writing regarding this misappropriation of fund. During SGM, residents had put pressure on the managing committee due to which they have collectively agreed to resign. The minutes of SGM was also displayed on noticeboard. However the committee members are not leaving the society office. They have changed portfolio and office bearer to appear like a partial new committee. What are the remedies available if managing committee despite resignation have continued with their post.

  13. Sir
    Our society I-register appears to have large number of members, more than flats/units. Who is responsible to detect these fradulent members , who do not have duly stamped and and registered agreements documents? The current committee appaears to have issued share certificates to more than one person for same flat/unit in the society in order to generate votes in their favour.

  14. Dear Sir,
    If a member has two children born before 31st December 2000and later twins born after 31st December 2001. Will he be disqualified from being a committee member. If so who is the relevant authority to be approached to address this complaint.

    Thanks

  15. Can the flat owner’s spouse(not a co-owner) be the chairman or any other authority post other than just a committee member? If yes what is the procedure? Kindly advice.

  16. In our society we have 72 flats. We elect committee for 3 years. the current committee has created lot of problems and now their 3 years terms are over. A dispute is going on with a Repair Contractor, who is claiming lakhs of Rupees as compensation. Now the current committee has called AGM with election of new MC in the agenda.
    can we have election without informing Registrar? What is the procedure to Have new committee? Can we postpone the election till the above issue is resolved?
    Sushil

  17. Dear Sir,

    Our housing society has 18 members, out of which 8 are on the Managing Committee. So in case of a vote on any issue, the chances of MC (being the majority), prevailing over the ordinary members are unusually high. Can you please throw more light on this? Thank you.

  18. Dear Sir,

    1) if Secretary & Chairman resigns from the Post & as a committee member, how to fill the post. we have to put vacant position on notice board & fill or existing committee member can co-opt of their wish. which is the right way. Suggest……

  19. I m a committee member of a chs. In a recent agm..while addresing d general body 1 of a committee member provoked to fight n threatened to physically harm me
    I asked the MC to record d incident in d minutes of agm which dey r not doing..what action can i take. In d past too dey have held MCM without any agenda etc..its more of illegal happenings in various ateas..plz suggest..

  20. I am a director of central Gove. employee co-op credi soc .I have submit the nomination for other nagri patsantha ie Pushpak co op credit soc .The election officer rejecte my form giving reason that no director contest election both even the both societies are different types what is the rule ? help me

  21. .Ours is a Mah Coop hsg society, having 48 members and wish to conduct elections for managing committee members.
    Is it mandatory to call for returning officer? if so what is the latest procedure

  22. After purchasing the flat I have not registered the flat but paid all stamp duty. Can my wife become a Associate Member. Please put some light on it.

    Regards

  23. Sir, 1.) In our Society, Election of the new managing committee was held on 09/08/2015,,under the supervision of the returning officer appointed by the Dy. Registrar, for the said election only 5 members were present out of 12 elgible members out of total 14 members, and one of the contested member is a Associate member, whose flat is stands in his wife name only, and the said returning officer declared winner of the election as uncontested.2). Secondly out Secretary runs a playgroup in his flat 3). As I said earlier even though the election of the new managing committee held on 09/08/2015, and new offcie bearers are elected on 14/08/2015, but they have put their signature on balance sheet, income and expenditure expensess account and chairman report pertaining to 01/04/2014 to 31/03/3015, what remedy do we have for above problems, please reply

  24. Please communicate Managing committee member norms,
    Can he work at Real Estate Agent in society and involved in Selling, rental properties within society for residents.
    will it not be called vested interest and misuse of power ?

  25. Can a active Real Estate Agent can become Elected Committee Member ? He will utilize the information available for his vested interest.
    How can by-laws stop it for nomination and removal of such member to become committee member ?

  26. dear sir please advice about a coopted members rights.

    my son is the first holder of my flat and second holder is my wife.

    know question is that should i have a right to elect as a coopted member and work as treasurer for our society.

  27. what if after getting permission for election from registrar(by chairman of socity) & than socty chairman & secretary wrote a letter to registrar & ask members have not paid dues ( members not informed about dues by socity),building is under redevelopment etc.registrar send Notice to SOcity & fix date for hearing asking why adminstrar should not be appoint.
    meanwhile chairman,secretary gets notice for election from election officer & circulate to members .
    after that inform elec.officer that we have notice ,hearing with registrar . elect.officer send election postpon notice.
    60% members cleared thier dues after knowing.
    90% members wants election to be taken.
    what should 90% member do? we do not want admin.

  28. Last 30th August election were held to Our Ellora Coop. Hsg society Marol Maroshi Anderi (e) Mumbai 59.Returing Officer Shri More declared the name of members elected as there was no contest.. The story start now. He agree that first committee meeting to be held in his presence. But due to Ganpati Festiwal, He say he is busy.On last Anant Chaturthi,he fail to give us format of fisrt meeting resolution and also did not turn up. After two day inform on phone to one of our member that the format is his computer system and his computer is out of order. He did not trried to get format from other soures which he could have. After seven day is on 2nd October evening he gave the fomat but did not turn up. He asked us to forward the format duly completed which we did and called him. Monday he now say that he is out of town, and will attend it coming Friday when he return. Is this way of conducting election? He is paid remuneration of 750 for doing work. Whether we are at the service of such inefficent Officer? Exstoing committee tenure was over 12 months back His Mob no.09773538870

  29. Our Managing Committee has been formed in April,2014 without following the new procedure laid down by the Govt. Are we required to inform the Govt.Authority” now” or can continue till the term of MC Members gets over in the year 2020?
    Please advice

  30. SIR IN OUR SOCIETY ELECTION PROCEDURE IS GOING ON OUR PRESENT SECERATERY HAVING NURSING HOME IN OUR SOCIETY BUT HE DOSE NOT RESIDES IN OUR SOCIETY I WANT TO KNOW THAT CAN HE STAND FOR ELECTION & IF HE CAN BE ELECTED HE CAN HOLD ANY POST
    FROM IMTIYAZ ROSHAN 9820020686

  31. our society having 18 members as per the existing rule how many members we can elect in the managing committee. gen, sc/st woman ther are a Associate members also New member no o years
    7 procedure to be adopted Election period ete.

  32. Our Secretary has submitted the election file to Registrar. Yet the election officer has not been appointed. I have purchased flat after the secretary has submitted the file. Can my Name be added to VOTERS list now. What is the procedure to do the same, The secretary says now it can not be added as he has submitted the file to registrar. I told him that yet election officer is not appointed and neither has the election procedure begun,

    Please guide me URGENTLY how to get my name added to the VOTERS list.

  33. There is a small mistake in the table showing strength of managing committee.
    Members 101-200
    General 6
    Reserved(Women) 2
    SC/ST 1
    OBC 1
    VJ/NT/SBC 1
    Total 13
    Either Total is wrong or it should be 8 under General
    Please specify.

  34. Sir,
    I am a member of a co-op hsg society with one flat. My sister who resides abroad has purchased a flat in the same society with me a joint holder to enable all administrative work in her presence and I will be made associate member,

    Will I be allowed to exercise our both votes in general body meetings of the society, One for my flat and one vote for my sisters flat

  35. sir,
    in our society the new managing commette has been elected on 028\2015. but the out going commettee did not hand over the the documents for two months and conducted a annual general meeting on 27/09/2015.so please tell me if the out going comettee has any right to call such meeting when they are not on post anymore. and they are not authorised to call such a meeting what action can bee taken.
    thanks

  36. Kindly advice whether Service Tax is applicable for engaging a Civil Contractor to construct only superstructure and boundary wall of an eight apparment building for the members of a newly formed Co-op Housing Society with only eight members.

  37. I have joined a Society as a member 18 months ago, am I permitted to contest for elections to the Managing Committee of the Co-op.Hsg. Society ?
    Earlier, the minimum requirement was to have been a paying member for 2 years , then it was enhanced to 3 years.
    Under the New Society Election Rules, what is my status in this regard and under what section of the rules and the link where I can obtain these rules please.

  38. Dear Sir/ Madam,

    Kindly advise me on the following:

    My name is first in the Co-operative Housing Society share certificate and my wife’s name is second.

    1.When I am travelling and not available in Navi Mumbai for long duration, can my wife participate in AGM/SGM’s and any other Society meetings and vote.

    2. In the above case MCS Act 1960 27(2) would apply ? Can she quote this ACT if there is any objection?

    3. At present the Society has not officially adopted the New Model Bye Laws and Old Bye laws are applicable- in the Old Bye Law’s is the same 27(2) of MCS Act 1960 applicable ?

    4. Are there any amendments to 27(2) of the MCS Act 1960 ?

    Kindly advise on the above.

    Regards

    Atul

    1. 1. Yes she can as joint owner and vote on all accounts and issues.

      2. The rule is not exhaustive but yes it can be applied.

      3. yes

      4. No.

  39. Sir/Madam,
    I am residing at c catogory society(101 to 200 flats),
    i wish to take your guidance – if block reperesentative is selected by individual block (1to 10).
    The right of selection-of Chairman, Secretory and Treasurer is going to be selected members only or all memebers will selected by conducting election.because in our society there will be most arogant people which do not have knowledge of handling society and they wish to enter in core comitte on pressuruisng peoples.
    Your fast opinion is appreciable.

  40. Heelo,

    Need to know two things.
    1) Can a individual conduct classes in Mahada Cluster CHS., what are the laws.. it a very small 4 to 5 students only…

    2) Can an individual run a company with aroung 12-15 worker in the same Mahada cluster CHS., what the laws say.. is it legal…

  41. Hello,

    How many members should be there in the MAhada CHS., to form a committee..?

  42. HI,
    could you please help me on below point.
    1- our general body meeting passed water timing and rule regulation,signing authority not provide that copy to members,
    2- after that they can change the water time, decide by Own (sec / Tre) . That also not final through MC.
    3- when i dicuss with them they said we don’t change anything after general body meeting will decide that . but they are not agree to call meeting

    Our society register Aug 2015 , 55 flat at 2 Wing, can we separate 2 society like wing A and wing B.

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