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. Dear Sir,
    I stay in Navi Mumbai and we are a society with 228 flats/members.Our election is due before 22nd Sep 2015 and thereby we have given the requisition/application with E2/E3 form as well as cheque of Rs 7500 as expenses or fees.
    There two queires
    1)The consultant through whom we are doing this has come back and told that the fees for more than 200 members has been increased to Rs 20,000/- so we will have to pay additional amount however there is no official circular or communication. How to go about this or do you have any details of same?

    2) What if no one nominates for the reserved category position i.e OBC/SC/ST. Then what is course of action and also what if total nominations are 15 or less than 15.

    Thanks
    Jai

    1. 1. It is not 20,000/-, pay by demand draft to registrar only, dont pay to agent’s account.
      2. Nominate according to rules, fill by open category.

  2. ‘D’ type Society (less than 200 members).MC term expired in Oct 2013 but Elections could not be held because of new act was kept in suspension. Then 31-Dec-2014 deadline got extended to 30-Jun-15 and now members are sent SGM notice by Coop CEA officer about elections in the SGM.Current Secy is inviting nominations 03 days before SGM date. But Returning officer is NOT announced/appointed.

    Questions:
    (1) can the SCEA officer by-pass the requirement of declare Election program & agenda, appoint a Returning officer etc.?
    (2) Can the present Secy receive play that role (even as interested party)?
    (3) With only 8 members in new MC, what will be quorum for valid MC meeting? (given the fact that we do not have members from SC/ST/VJ/NT and hence 3 reserved seats will remain vacant),
    (4) What fees have to be paid? is it Rs. 4000?

  3. Dear sir,
    our society election on this 26th july. so can past secretary/chairman/treasurer stand for managing committee , or can they rejoin the same post if election result in favour of them.

    thanking you, mani bhushan

  4. We have inform the Registrar office for connducting elections in our society as the present term is expiring in august but aas of day we have failed to receive any communication from their end.

    What is the option available to societies in event of no communication from their end.

    Can we hold elections as ususal

  5. Dear Sir,
    Our society is very small having only 38 members,how are we going to have MCM consisting of 11 members? so far the present committee has 6 members and is doing fine, what if, when the society conduct new election and not enough members participate and we do not have that magic number (11)?
    please advise. regards.

  6. In a society or 40 members and as per bylaws it is required to have 11 committee members. If we are not able to find 11 what’s the minimum no. of committee members required

  7. In case a member is going out of town and wish to file his nomination for the managing committee for the elections – can he be allowed by the deputy registrar to submit his form in advance compared to the date declared for submitting the form .
    Pls inform

    1. Pl follow various forms and procedure of inducting members. On this portal you will find all the forms for downloads.

  8. Iam a member of housing society in goa, committe was formed in arpil 2015 and after 3 month all the committee members have resigned.suddenly secretary puts the notice saying election will happen with in 2 weeks. he gave only 3 days to file nomination. my question is according to law how many minimum days to be given to file nomination. my second question is how many days gap should be there for re-election after the nomination is filled

  9. Sir,

    Am resident of Mumbai and our society has 20 members. In November 2014 Managing Committee resigned due to differences between society members and handed over the charge to New committee. They say since we have not adopted the Election rules in our Minutes book hence it does not apply to our society Is it true?

    Couple of years ago, in AGM we all members passed a resolution for fixing Managing Committee members i.e. 5 members will take over for 5 years and another 5 members for next 5 years and so on.

    My question is – does the above resolution passed in the AGM valid, as now new election rules have come in to effect. Is it absolutely necessary to inform the Housing Society Registrar for holding elections?

  10. kya secretary ki sister in law(sali) co-op hsg soc. ltd mai manager ki post le sakti hai.
    kya koi bylaws ya koi book hai jisme yeh define kiya hua hai ki konsa relation kis ke saat kam nahi kar sakta hia

    thanks for helping me out

  11. Dear Sir,
    As per sections 3A- 27 of the Co-operative societies law, New members are not required to be active for a minimum of 2 years, However as per Part 3 -9 the active members with a minimum of 2 years active can only be enrolled in the provisional voters list for election.
    Can you please specify the rule on new members for the elections in regards to my society which is “D” Type , How long does a new member need to be active to take part in elections according to 2015 laws?

  12. Our society Chairman has not called for managing comittee meeting for quite some time . He is the biggest defaulter in the society and has not paid maintainance for more than one year and deliberately is not charging any interest @ 21% on any of the defaulters as he himself is a biggest defaulters . Because of this many members including myself are not paying maintainance since last few months as the whole society is running on the maintaince of new members and others are enjoying interest free loan by not paying maintainance . He is clearly misusing his powers and all other committee members are keeping quite about it willfully. I have raised this point in the managing committee of charging interest and penalty but the chairman and secretary have joined hands and are not charging interest inspite of repeatedly being told to do so by other committee members . Biggest defaulters are inside the managing committee . Committee has been formed more than one year back and fresh elections have not been conducted nor is any meeting being called of managing committee or AGM by the secreatary has he is clearly trying to escape away as he is the biggest defaulters . Kindly let me know as a member of society what action can be initiates against such committee members who are willful defaulters for over 18 months with no penalty or interest being charged to them and if they can be expelled from committee . Please provide me guidance and how to handle this matter in details

  13. Sir,
    Is it compulsory for the smaller hsg societies having members upto 20 and where regular elections were held since 1975,to follow these rules for election ? This will add up to extra cost to smaller societies and complexity of the procedure.

  14. For preparing a provisional list of voters for the year 2015-16, what cut off date shall i take for members to be included in the list.

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