Regular managing committee meetings are essential for the proper administration of a cooperative housing society. Failure to conduct meetings not only disrupts governance but may also amount to violation of statutory obligations under the Maharashtra Cooperative Societies Act, 1960 (MCS Act), the Rules, and the Model Bye-laws.
If your society secretary is not convening meetings, the law provides clear remedies.
Is It the Secretary’s Responsibility to Convene Meetings?
Yes. Under the Model Bye-laws, it is the primary responsibility of the Secretary to:
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Convene managing committee meetings regularly
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Issue proper notice and agenda
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Maintain records and minutes
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Ensure compliance with the MCS Act and bye-laws
Failure to conduct meetings may amount to dereliction of duty.
Relevant provisions: Bye-laws 132, 133 and 135.
Can Committee Members Requisition a Meeting?
Yes. The bye-laws empower committee members to demand accountability.
If one-third of the managing committee members submit a written requisition:
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The Secretary must convene a special managing committee meeting
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The meeting must be called within seven days from receipt of the requisition
This is a statutory obligation.
What If the Secretary Fails to Act?
If the Secretary does not convene the meeting within the prescribed time:
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The Chairman is empowered to convene the meeting
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The Chairman can issue the notice and agenda
The Chairman cannot remain passive when the Secretary defaults.
What If Both Secretary and Chairman Fail to Act?
If both office-bearers fail or refuse to convene:
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Regular meetings, or
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Requisitioned special meetings
Then members can escalate the matter.
If the society is affiliated with a Housing Federation, the federation may:
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Convene the meeting upon request from members
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Ensure compliance with statutory obligations
This acts as an external corrective mechanism.
Who Presides Over the Meeting in Their Absence?
If the meeting is convened in the absence of the Chairman:
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Members present must elect one among themselves to preside over the meeting
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The elected member will act as Chairman for that meeting only
This ensures that governance does not come to a standstill due to inaction by office-bearers.
Legal Consequences of Not Holding Meetings
Failure to conduct meetings may:
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Amount to violation of the MCS Act and bye-laws
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Attract complaint before the Deputy Registrar
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Lead to directions or action against the managing committee
Persistent non-compliance may even result in administrative intervention.
Practical Steps You Can Take
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Submit a written requisition signed by at least one-third committee members.
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Keep acknowledgment proof of submission.
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If no action within seven days, request the Chairman in writing.
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If both fail, approach the Housing Federation or file a complaint before the Deputy Registrar.
Conclusion
The Secretary is duty-bound to conduct managing committee meetings. If the Secretary defaults, the Chairman has the authority to step in. If both fail, members are not helpless — the Housing Federation or Registrar can intervene. The law ensures that society governance cannot be paralysed by inaction of office-bearers.
