In a cooperative housing society, situations may arise where the Secretary and the Chairman wish to resign simultaneously. This is legally permissible and the Maharashtra Cooperative Housing Society Bye-Laws, particularly Bye-Laws 130 and 131, provide a clear framework for handling such resignations.
Here’s a detailed explanation of the resignation process and the next steps:
Can the Chairman and Secretary Resign at the Same Time?
Yes, the Chairman and Secretary of a housing society can resign at the same time, provided they follow the proper procedure.
Resignation Process:
- The Chairman must address their resignation letter to the Secretary.
- The Secretary must address their resignation letter to the Chairman.
- These resignations are considered by the Managing Committee in a meeting.
- The resignation becomes effective only after acceptance by the committee and once the respective office-bearer has:
- Completed all pending work,
- Submitted all documents, records, and society property in their possession.
To Whom Should They Submit the Resignation?
- Chairman’s resignation → To be addressed to the Secretary
- Secretary’s resignation → To be addressed to the Chairman
In the absence of one of them (if both are resigning simultaneously), the resignations can be submitted to the Managing Committee, which collectively acknowledges and processes them.
Does the Resignation Mean the Committee Must Be Dissolved?
No, the resignation of the Chairman and Secretary does not dissolve the Managing Committee. The committee remains intact unless all members of the committee submit their resignations and the General Body accepts them.
Key points:
- The Chairman and Secretary may resign only from their posts, while continuing as ordinary committee members.
- In such a case, the Managing Committee must elect new office-bearers from among the remaining or continuing committee members.
- Only if all committee members resign, and the General Body accepts the resignations, will a new election be necessary.
Relevant Bye-Laws
- Bye-Law 130: Resignation of committee members
- Bye-Law 131: Resignation of office-bearers and the process to be followed, including handing over records and society property
Practical Scenario: What Should the Society Do?
- Conduct a committee meeting to:
- Acknowledge and officially accept the resignations
- Ensure compliance with record handover and closure of responsibilities
- Elect new office-bearers (Chairman, Secretary) from the existing committee
- File Form M-20 (if applicable) and update society records
- Intimate the Registrar about the change in office-bearers, if required by law
Conclusion
Simultaneous resignation of the Chairman and Secretary is legally valid, provided the resignations are accepted following due process. The Managing Committee remains functional and can appoint replacements from among its members. A full committee re-election is required only if the entire committee resigns and the General Body accepts the resignations
