In cooperative housing societies, membership can be held either as a regular (original) member or an associate member. Associate members typically include spouses or relatives and are nominated by the original member. However, the rights and responsibilities of an associate member are contingent upon the status of the original member. A common question arises—what happens when an associate member serving on the managing committee refuses to resign after the death of the original member?
Let’s explore the legal provisions, rules under the Maharashtra Cooperative Societies Act, and model bye-laws that address this issue and clarify the process for vacating and filling such a seat.
Who Is an Associate Member?
An associate member is defined under Section 154B-1(3) of the Maharashtra Cooperative Societies Act, 1960. This member shares ownership rights but only derives their membership status through the original member. Importantly, their rights are not independent.
An associate member may contest and be elected to the Managing Committee with a No Objection Certificate (NOC) from the original member. But their continuation in the committee depends entirely on the validity of the original member’s status.
Effect of Original Member’s Death on Associate Membership
Upon the death of the original member, the associate membership automatically ceases. As per Section 154B-10(3) and 154B-23 of the Maharashtra Cooperative Societies Act:
- An associate member’s rights end immediately with the death, transfer, expulsion, or disqualification of the original member.
- Therefore, they cannot continue as a member of the managing committee.
- The resignation of such a person is not required, since the disqualification is automatic and final.
The Managing Committee must record this fact formally in the minutes and declare the seat vacant.
How to Fill the Vacancy?
The vacancy arising from such a disqualification is treated as a casual vacancy. As per Model Bye-law No. 138, this can be filled by co-opting another eligible member from the society.
Co-option Process:
- The co-opted member must belong to the same category (e.g., women, SC/ST/OBC, general) if the seat was reserved.
- The co-opted member does not enjoy voting rights in certain key decisions like no-confidence motions or elections unless elected formally in future.
- The appointment must be recorded in the committee minutes, and the updated committee list must be sent to the Registrar.
Steps the Managing Committee Should Take:
- Record the death of the original member in official minutes.
- Note the automatic cessation of associate membership due to the death.
- Declare the seat vacant without requiring resignation.
- Fill the vacancy by co-opting an eligible member per Bye-law 138.
- Inform the Registrar about the updated managing committee composition.
Conclusion
An associate member cannot continue to serve on the managing committee after the death of the original member. Their role ends automatically, and the society need not seek a resignation. The committee must declare the vacancy and fill it through co-option as per the legal provisions. Failing to follow these steps may expose the society to procedural irregularities and potential legal disputes.
