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. as he knows(dy registrar) that associate members are fighting election(as per the list given by society ) ,then also he allow them(associate members bypaying 100 rs entrance fee) for fighting election , what action should be taken on registrar who making fraud with society member (associate members )?

  2. Our society’s managing body was elected formed in 2012 with requisite members. It is correct 5 years. With the chance on rules, do we have to have re-election this year for new body? Or should we wait till 5 years are over and for new body with new elation rules.

    1. In the case of Merry Niketan Co-operative Housing Society Ltd Supreme Court said that One Vote for One Flat. Hence 8 flats will have 8 votes.

  3. We are a housing society of 152 members. We had formed a managining committee of 9 members ( including 1 woman) by self nomination without voting under guidance of government appointed election officer. After 3 months, secretary & 1 member resigned from the mc. the mc appointed new secretary & new treasurer from among remaining members, chairman being the same without informing the election officer/registrar. Now the MC is running the society operations with 7 members only. Is it valid & legal way of running affairs of co-op. society. If not, what is the procedure to make the mc function as per the co-op laws of hsg. societies. pls. guide aasap.
    thanks & regards
    pravin

      1. thanks for your prompt reply,but as per 97th constitutional ammendment act 2011,it is clearly mentioned’board may fill a casual vaccancy on the board by nomination out of the same class of members in respect of which the casual vaccancy has arisen, IF THE TERM OF THE OFFICE OF THE BOARD IS LESS THAN HALF OF ITS ORIGINAL TERM”which is 5 years in our soc.case & only 5 months have passed now from the start of functioning/term of BOARD.still is it okay for MC/ BOARD to run the affairs of the society by just co-opting two members instead of calling for fresh election process to constitute new stable board for full term of 5 years. pls. guide.
        regards
        pravin

  4. we are a housing society with 70 members, is it necessary for us to go through the election officer. in the past we have been smoothly conducting elections following proper procedure and none of the members have any grouse or complaints with regard to the same

  5. Our Society has 14 members. We have 5 members in the M. C. elected as per the old Bye-laws. Do we have to elect 11 members to form an M.C. after the expiry of the present term?

  6. I want to ask that election offcer has not explained anything about the election and 3 members having more than 2 children and 2 members had won in the election. Can this election be cancelled.

  7. In my society managing committee got elected in Jan 13.On may-13 Secretary resigned & m/c coopted one member.As they did’t convey the vecancy My question is whether committee can be termed as illegally formed?Presently they are found functioning with many irregularities & now they are proceeding towards redevelopment.

  8. Sir,
    one of our society member die when our building is under builder control. Now our building is operating by society committee. His wife wants to transfer the flat by own name.can society transfer the flat by her name.she allways force the committee to transfer the flat by her name.

  9. We have society of 10 member including 3 commercial flat. we held election in next month. Is it true that cost election for our society would be near to rupee one lakh?

  10. Our society is located at Pune and have 90 members. Both the chairman and secretary had resigned recently and only the treasurer is left in the committee. GBM was conducted last week and new executive committee of 11 members has been formed. They have elected the chairman, secretary and treasurer also. Is their positions valid, considering the present election rules in effect ? Or else what is to be done ? Please advise.
    .

  11. DEAR SIR, KINDLY ADVISE WHETHER WE CAN VOTE BY POST OR EMAIL, IF I M OUT OF TOWN ON THE DAY OF ELECTION, OUR SOCIETYS ELECTION AR EON 26 TH JULY AND WE NEED TO KNOW ABOUT THE SAME.

    REGDS

  12. IN OUR SOCIETY THERE IS HEAVY INTERNAL LEAKAGES FROM THE SECOND FLOOR TO THE FIRST FLOOR FLAT. THE TOP FLOOR FLAT IS NOT CO-OPERATING TO GET IT REPAIRED. WHAT REMEDIES AVAILABLE WITH THE SOCIETY SINCE THE AFFECTED FLAT OWNER ALREADY GIVEN COMPLAINT IN WRITING TO THE SOCIETY

  13. I have read somewhere on the net that if chairman resigns from post of chairman as well as from committee member, the entire committee has to resign as chairman is like PM and society cannot co-opt chairman.Is it true?

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