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. Our society members are nominated secretary, chairman, treasurer and committee members without election.all members majority members are decided it is correct or not only chairman purchase the flat within six month, he can elected
    community is made 16th June 2015

  2. Hi,
    Recently we had elections in our society and the elected members have selected the office bearers. The X chairman who is not selected this time is claiming that as he is from OBC category, he should get the first right for chairman position.
    Is that correct ? Is there any such law which states this.
    Please guide

    1. No sir, there is no caste discrimination in co-operation law in Maharashtra or any where in India. There no such reservation.

  3. Dear Sir,

    As we our secretary has resign from his post, and he told us that new procedure of election is more tough. as he tell us that there will be deposit of 17000 for whosoever wants to stand in the election and the committee will come from Pune Maharashtra and also mention that Palghar district has different rules, as previous Vasai was in the thane now it is in the Palghar district so rules are change.

    As all the member of society want to elect one person and don’t want this long procedure, is there any way that all member decide to elect one man for their secretary post without going the way which he told.

  4. The term of our MC have been completed im 13 aug 13.The MC is not initiating the process for elections. All efforts and follow up have been made with the deputy registrar.But nothing positive happening.Since 30 june is tge deadline for conducting election as per the commissioner’s order, what should be the next step. Can we debarred the present MC for standing in the forthcoming election for such violation

  5. Election is mandatory ? If our scty follows old system & not inform registrar for election then it is fine with the law ?

      1. What recourse is available if the registrar is not informed 6 months in advance about the expiry of term of existing MC? Can the process be initiated and election held? What about conducting AGM in such case? Please advise on all the points

  6. Chairman of our society having 242 members resigned in Nov 14 without taking any action for election procedure when the present body of 9 directors expires on 31 Mar 2015.Secretary of the present committee not taking any interest for election. Since there was no chairman till May 2015 present body elected me as Chairman to continue till new body is formed after legal elections. Is it legal for me to continue as Chairman and held elections as per Govt Rules in such conditions?

  7. What is the duty of a Cashier of a housing society. Does he suppose to keep the cash with him up to authorised limit and pay the bills.and Banking of the society.

  8. A housing society is under redevelopment and all the members are scattered. The tenure of the managing committee will end in august 2015. The committee was elected last for a three year tenure. Pl advise how to go about this.

  9. Our MC was elected in june 2013 for a period of 5 years.
    Till today they have not adopted the new byelaws. The last date of june 30th 2015 is over. Next week they have called in the GBM to increase the maintance charges and to negotiate with the builder. Since the MC has not conducted fresh elections as per the new byelaws will their decisions be valid. The secretary is very adament an arrogant.please advice.

  10. sir how to initiate no confidence motin agaginst the present MC & how many minimum members are required to initiate such no confidence motion- 1/5th 1/2 or 1/3 of he members?

  11. on what basis the quorum is calculated.If the quorum falls below the stipulated numbers what will be the fate of the MC AND WHAT ACTION SHOULD BE TAKEN.Are fresh elections to called for .

  12. Dear admin,
    We had applied for registration / adoption of new byelaws as per the new act in april 2013. 7/4/2013 was the last date to submit the new bye laww. However, till date we have not received the stamped copy of the same. Earlier we were told that download them from internet and run the society. Now we have the printed stationary but not the stamped one.
    Please advise.

  13. Our Society had election on 28 July 2015. Our Election officier had not given us compelete rules nor explain about it. As per the rules person who have more than 2 children cannot stand for election. There were 3 people standing for election have 3 children. Out of 3 memebers 2 are elected as committee members. Can we disqualified these memebers. Second thing the election officier had not explained anything . Can this election be cancelled.

  14. The MC term has expired however the secy has senr notice for another AGM, and not properly replying to our queries regarding elections… pl guide how to contact the Returning Officer/Authorised personnel from Registrar office

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