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. Dear Sir

    I have taken a flat in Hiranandani Thane but the property is locked as we are residing in Sion, we have not given the hHiranandani property on rent etc.
    the building is new and consequently the society also is new and they decided that all members must pay rs 10,000 towards formation of society office and to buy furniture etc. a SGM was convened and they passed the law .. I was not able to attend the meeting .. I want to know what is legality of passing such a law and how can I counter them. Isn’t there something called as sinking fund to take care of such exigencies .. pls advise. also when I asked them if I can pay rs 10,000 in instalments they replied that interest at rate 21 pa will be charged!!1.
    I have recd the maintenance bill and the interest has been levied at 21percent pa whereas the amount was due from October 14 onwards which I paid in jan 15. I have paid this amount under protest and I wld like to know how can you help fight this society. thanks

  2. Hello Sir,

    I belong to a Textile development co-operative society, We conducting election for choosing president for the same co-operative society.Just wanted to know what are the eligibility criteria to contest in election. In our society, our last president did a lot of malpractices. We all other members dont want him to contest in next election. And heard that cooperative minister declared some criteria/eligibility for this kind of people not to participate in election.

    Kindly guide me and help us.

    Thanks,
    Sri

  3. in my society my name is not appearing in the form E, and the provisional list was not put up nor any of the election details were given to the members. the previous managing committee had resigned as there was a mis appropriation of funds and no society accounts were maintained during the last 2 years and the accounts was paid his salary and the account finalisation charges. form I and form J was never maintained in my society. how can I stop this illegal election.

  4. In our Society the MC conducted an election in Dec-12, without proper information given to the 21 Members of the Society. Form “A” consists of the name of only 12 Members. Forms “I” and “J” have never been maintained. Books of Accounts were never maintained. They appointed an Auditor for FY 2012-2013 at their MC meeting and tried to get the Audit Report passed. The MC threatened me and another Member. Once again they did the same for FY 2013-2014. we informed the Police and the MC tried to give a REVISED Audit Report for FY 2012-2013. Under pressure, they reisgned in Oct-2014. The Administrator though appointed has colluded with the Dy. Register and now trying for an ONE DAY Election procedure. The Admn. has not informed the proper procedure. Please advise.

  5. Sir, after using the nelson valve ( assume this in not allowed in societies) water was trickling. A committee member ( not the secretary) came over and saw it and reported the matter to the managing committee. In the interim we had already called for a plumber to rectify same. We tried closing the valve but unable do so as it was very tight. However they still fined us Rs 500/- . Is this action justified by them ? Your reply will be most appreciated.

  6. Dear Sir,

    We have formed the society in non co-operation from the builder & till date we have selected Chairman, Secretary, Treasurar & other commiittee member due to lack of knowledge & no member were interested to spare their time to society & till date 3 time secretary & Chairman & tresurar has been changed.

    Now all the commiittee members want to dissolve the commiittee, so please advise the process of dissove of the commiittee & process of selection of new commiittee.

    As per our under standing
    1) Current commiitte memeber should submitt resignation to all member in SPL AGM & request for nominated members name for commiittee member as well as other post.

    2) Till the date of new elected commiittee who will run the society day to day activities

    3) Is there any professionals availabile in the market who can guide the correct process & take care the same on chageble basis.

    4) How to adopt new bye lawas

    5) Is family member/relatives residing in the society of any member can be the secreaty/ Chairman / Committee members of the society? please advise the process

  7. My cousin is secretary of CHS. Having one flat in society with partnership of his brother from last ten years. They want to sell their flat and wanted to buy another flat in same society.
    In this case the membership as secretary will remain same or will be dismissed/he will consider as a new (flat holder)in society.
    Please guide me if anyone have its solution…

  8. my uncle tranfer his room on their own name. the next elction of society will be after 2 years . Can he eligible to vote at that time. how old membership may be required for to able to vote in housing society election. society type is D.

  9. In SGM our chairman has passed a resolution to remove secretary and treasurer and a committee member and to appoint New members in committee. A letter was issued to chairman a day before for such illegal agenda but still he conducted sgm mentioning letter details of dy registrar . Is this transaction valid if the three committee members did not approach co-op court to get stay .
    2.If this is challenged in co-op court can the 3 mc members use society fund for legal fees to get stay.

  10. sir we have flat on my brother name who is in Indian army any society community says u dont have any right to say anything nor they have given any audit report since the society has formed by saying only members can get
    please guide me

  11. please clarify as to wheather a defaulter member of statecooperative housing societycan stand in election of managing commette,can he vote,can he prpose or second any member while filling nomination form.
    J r postwala

  12. What should be a minimum qualification for becoming Secretary to the Cooperative Housing Society…. can an illiterate become secretary or chairman???

  13. we donot have such type SC/ST OBC VJ/NT/SBC members
    80 qwner flat ifthere is no such type SC/ST OBC VJ/NT/SBC members can elect general (three) member. our election on on 5 march 2016

  14. In case of resignation of a committee member from the total of 13 elected members will the candidate who is placed 14th among the list of all contesting candidates be automatically eligible for membership of committee or is the selection candidates for filling up of such vacancues at the discretion of the existing committee.

    Thanks
    Mahesh

  15. Good to see so many comments .After so many complaints not one officer acting against Mc.Now Committee selected by wrong methods are doing major work .Dy reg R/S Mumbai says nothing can be done as SGM authorised painting

  16. Our society is new and formed in 2012. Builder has handover it in 2012 and from since internal committee members decided the chairman, secretary and treasurer. We have never been had any election, do we need to submit a application for election now? We have 325 flats in our society, please advise how and what we have to do ahead.

  17. Sir,
    I am member of my society from the beginning I am having two flats Builder gave me one agreement.After registration of society I received one share certificate also in both of them they mentioned about my two flats no.11/12.respectively I am having two water connection from the beginning.Now old secretary resigned from committee and new secretary appointed by managing committee .My one water connection from terrace they have disconnected without any reason and not informed me.I paid water charges for both line from beginning.When I asked them personnel they said as agreement for block and share certificate is one only their is only one connection can be given.When building was under construction I booked Flat and I combined two flats in to one.This building was constructed in 1977 society was registered in 1989.As this building is at Bhayander east.it is registered in Thane office.Please guide me and your contect no also.

  18. Election was recently held in our society where 8 members from open category 2 women seats and rest 1 each of obc,sc/st seats were to be selected.14 people filed the nomination forms and were valid.1 day prior to the elections the election officer gave symbols to each candidates but out of 14,8 people decided to represent and use a same symbol and stated that they will act in group for elections.can grouping for elections be done with 1 symbol for 8 members?Nextly 1 of the members had requested 2 3 members to withdraw from election.Is it right?

  19. Dear Sir:

    Can i a managing committee member can re-elect in next time? in some societies managing committee member holding more than 2-3 times, is is possible?

  20. Dear Sir,

    It would be really kind if you could let me know if there are any amendments to the procedure of elections in “D” class society. Is the nomination, election, declaration all done on the same day ?

    Regards.

  21. our society is due for elections next month, i was a associate member as my father was the owner & member. I have become member after my fathers death last year. i was informed that i not being a member for more than 2 years period do not have voting rights. kindly clarify on this please. thanks can i vote or no.

  22. A society member who does not stay in his society flat but in other society flat has applied for contesting election of managing committee member. Is this allowed by bye laws of co op hsg soc Maharashtra?

  23. Sir,

    My Society has appointed a builder who has remained quite passive since 19 months. We have received a notice under 351 for demolition, however we were successful in obtaining a stay against it with the help of a structural audit report. Having said that I have two questions viz.
    1. Our managing committee’s duration has expired and the Registrar isn’t coming to get over with the elections. Now since we want to carry certain repairs in the said building, can we do so by forming a committee specifically for repairs work?
    2. For the said repair work, the members of society are wanting to contribute money but on the computer notion that no money from the maintenance account is to be used for it. Can we make a separate account for this?
    I will deeply appreciate your quick answer.

    Regards

      1. we have registered socity of 54 flats. is there possible to fill nomination fr election of me if I am wife/ son of owner of the flat. pl answer. thx

    1. If you all are contributing and doing the repairs of your Society’s building, then you have to take permission only from the Municipality. Appoint a structural engineer doing such repair works. Inform the progress of the repairs, with certificate of progress from the structural engineer to the Deputy Registrar of your Society.
      Take complaint with District Collector, on fiorst monday of the month at 1.30pm, in his office. Write your complaint addressed to the Collector, and superscribe the complaint “Lokshahi Din Complaint” Before next month’s first monday you will get reply from your Dy. Registrar. Otherwise, make reminder complaint in next month’s Lokshahi Din, with previous month’s complaint copy and reply received, if any.

  24. how many years one secretary and chairman can have post. I mean as per bye laws how many years they can have the post.

    Thanks.

    1. As per new Bye-laws, once committee is elected, persons will remain in their posts for full term of five years. You cannot change the posts during these five years, without informing and taking approval from Registrar, for such changes in holding the posts by elected members of the Society, during five year term of the Society.

  25. Whether an associate member can vote during elections if the actual owner of the flat is not present and whether the owner can give an authority letter for voting on that day

  26. Whether the MC of the Society can hold charge even after their tenure is over and though the Dy.Registrar’s office was notified for elections, the notice for elections came only nearly after 7 months and whether the MC can take action in the affairs of the society during this intervening period

  27. S 27 of MCS Act allows a jt. holder to vote but the list of voters has only the name of first holder. How can he vote? Should he carry a copy of the share certifucate with his name on it?

  28. The first committee members are resigned , and now the committee is dissolved and not there at all. This committee have already put up the election notice for the CHS.
    Question -: Whether the people from the first committee who are resigned and dissolved that committee, will be consider as eligible candidate for the new committee formation?
    Can they again fill up their nominations for the new election?

  29. Hello,

    2 quick questions

    1. For coop ting under OBC quota, I know OBC certificate is required, but is validity certificate of that document required required as well?
    2 In case OBC seat is not filled in even after almost 1 yr has passed post election and formation of MC, you said any candidate can be nominated for that seat. Under which section of bye-laws it is stated so?

  30. i need a clarification to the flg i am holding two flats in a hsg soc in flg pattern 1 only in my name 2 in joint name mine being first and my wife as second name .Now in the election can we both cast our votes?

  31. Dear Sir,

    I live in a cooperative housing society in Navi Mumbai.I wish to open an NGO / Trust / Foundation which will non profit organisation under applicable Laws.

    Can I register such an organisation with address of my residential Flat.

    What is the procedure to be adopted with regards to the Housing Society where my Flat is located.

    Thanks

  32. Dear Sir.
    in a federation co op housing society with 11 members, elections were held for general constituency of 4 members. ( as per elections programme declared 4 general + 2 ladies general+ 3 reserved sc/nt/obc = 11) nominations were received for 4 general category members. And hence 4 members was declared elected by the SCEA.Since no nominations received for other categoryof the members.
    my question is,
    what should be the quorum for the meeting for this 4 membe rmanaging committee. the by law states the quorum as 5.

    1. As per Bye-laws, quorum of 4 member committee is simple majority of elected members.
      Divide 4 by 2. Half id 2. for simple majority, add 1 to it. Therefore, for this Society, for any Managing Committee meeting, quorum is 3 members.

  33. Society tenure are over, but still no election is being taken by society management. What to do as they are very corrupt people on society board.

  34. dear sir,our soc is 42 members & election officer got the election of committee of 9 members + 2 members are reserve for SC& OBC NOW WE 9 MEMBERS are elected but who is secretary chairman & treasurer election officer is not coming from long time what we do pl suggest thanks

    1. It seems that your Society’s election has recently taken place. It is the duty of the election officer to conduct another election among the elected members, to elect post of Chairman, Secretary and Treasurer.
      Therefore, now you make a complaint against election officer to your Society’s Registrar.

  35. I HAVE TAKEN HOUSING LOAN FROM BANK WHICH I CLEARED & TAKEN NO DUES/NO OBJECTION LETTER FROM MY BANKERS BUT NOW MY SOCIETY SECERATARY WANTS LETTER FM BANK WITH SPECIFIC LETTER FAVOURING SOCIETY
    CAN HE CAN BIND US

    PLEASE REPLY
    JUGAL BHUTRA
    09833671217

    1. Society’s Secretary if asks such letter from the bank and not accepting the copy of letter given to/ you by the bank, then ask him to write a letter to the bank with copy of the letter given to you, for clearing your loan. Then bank will write a letter to the society confirming the fact, which will serve your purpose.

  36. SIR OUR BUILDER HAS COLLECTED 1% VAT AMT ON OUR AGREEMENT VALUE TOTAL AMOUNT COMES RS 10-15 LACS BUT BUILDER HAS NO VAT NUMBER NOR HE DEPOSITED ANY AMOUNT TO SALES TAX DEPATMENT
    PL LET US KNOW HOW WE CAN RECOVERED ABOVE AMOUNT FROM OUR BUILDER
    ANY LEGAL ACTION CAN BE TAKEN THROUGH THE HELP OF REGISTRAR OF HOUSING SOCIETY
    THANKING U
    JUGAL BHUTRA
    09833671217

  37. Take up the complaint to VAT Office of your area, and make a complaint to Consumer Court.
    You will get addresses of both the offices from District Collector’s Office of your district.

  38. DEAR SIR,
    KINDLY ADVISE ME THAT THE SECRETERY,CHAIRMAN AND OWNER HAS RENTED THERE HOUSE AND LIVE SOME WHERE ELSE BUT STILL THEY RUN THE CHS.FOR EACH AND EVERY WORK WE NEED TO CALL THEM AND THEY DONT COME FOR IT AND ALSO FOR SINGLE (NOC)WE NEED TO WAIT WEEK BECAUSE SECRETARY LIVES IN OTHER PLACE SO TRAVELLING IS DIFFICULT FOR HIM..AND ALSO PUT LIGHTS ON HOW ASSESMENT TAX IS CALCULATED.

  39. I am a chairman of my society at Thane. Our committees tenure is expired on 31-03-2016. Now we have to form a New Committee. Can we form new committee in AGM itself
    under the supervision of the returning officer appointed by the Dy. Registrar or after the AGM We can form such committee and what is the Procedure ? Pl. advise.

  40. Our flat is in my husbands sisters name if my husband want to attend agm then when can he submt form 7 or form 8 or can she send form by regd. A.d. in societies office as she stays out of mumbai

  41. Cna committee has right to appoint a non committee member as secretary without informing society members
    A AGM is acceptable for tenants whose chairperson was illegal member

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