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.
In our society, secretory was joint 2nd holder & she resigned in 1.5 yr… Register apponted administrator…now that secretary is not paying soc maint from 1.2 yrs.
administrator hv started election process…
now can that defaulter secretory stand for election? As she only resign herself & make society to put under administrator.
2.
if flat is on joint names, in AGM or normal society meeting who can come n speak n vote?
Defaulter member can not participate in election.
It is not like PM or CM that the entire Cabinet is deemed to have resigned if PM or CM resigns. The vacancy caused by resignation can be filled by notifying the Dy.Registrar who will hold election for the vacancy. Once elected there can be reshuffle of posts which can be decided by the Managing Committee.Under Section 73 A of the MCS Act, 1960 a member can be disqualified from contesting election and even voting
The Society has to serve written notice to defaulting member which must be at least 3 months old and Society has to hold proof of intimation
Deputy registrar has finalized our societies voter list. Though we had mentioned in the provisional voter list that one name of member has to be deleted as he is a defaulter and not paid maintainence for the last 2 years. Now we want to remove his name from the final list which has been approved by the deputy registrar please advice.
Defaulter member can vote. It is his right.
Dear Sir,
We have register the society around 200 members where is total flats are 274. Is it okay???
Secondly what is procedure and time line for society’s managing committe’s election after society register???
What is time line for society first Annual General Meeting from date of it’s registration?????
What is to be done when temperory society has done some expenditure and works without giving any information to member and accounts are not clear.. what is to be done in this case.
Can flat owner’s son / daughters can be a candidate for managing committe election by taking the Power of Attorney from his / her parent. If yes, under which rule of CHS Act???
Can he vote in election on behalf of his father OR mother. If yes, under which rules of CHS Act???
Please advice. waiting for your urgent reply.
Thanking you in advance
Dear sir,
None of our society members including Secretary, Chairman and Treasurer is staying in the society. We have to reach them if we have any problem. Can you please advise according to bye law of the society is there is any rule that a member has be in the society or not.
Mr.Deepak, The by incovinience addressed by you is of a concern but there has to be such a provision made in the Society’s Byelaws under Byelaw no.117 eniciates disqualification to be on the Committee which is not there in the printed book of Model Bye Laws-2014. It is for that society to incorporate the additional sub clause under rule 117 “Member/ associate not staying in the society premises(in order to to get aquainted with society’s day-to-day problems and to be available) in their byelaws by passing a resolution in the GBM and this adoption notified by the Registrar.
There is no such rule that the Secretary or Chairman has to stay in the society premises.
hi we are a society of 27 members do we need to go through the above process of form E 2 ,
we carry out election based on voting system which is held in the AGM each member selected is proposed by 2 members .
If there is no opposition to the members being elected is there a need to do the above form formalities.
Also can a associate member stand for MC member because the orignal member are senior citizen and are unwell and have given their son to be a associate member .
what are the charges to mke share certificate
we are not getting any response from Election Officer R word North Kandivali for election. Ours is a small society with only 18 Members we have submitted all forms they say it is not received again sent they refused to accept the envelop
Hi !!
In my society the managing committee has co opted 5 members without any. information. The committee is also not working well hence we have asked them to leave since co opting as per society act is illegal.
Kindly tell us can we go for reelection immediately or wait for the tenure of the existing committee. If we will have to wait then the society will be managed by registrar which we don’t want. We want reelection.
Kindly advise
Regards
Sumit
In a society last election was held in October-2011. When next election is due. The Managing committee has not submitted the details in form E2 to the election officer prior to the six months of their expiry of the term intentionally as they want to hold election after this years AGM i.e. 30th September 2016. What is the legal position of the election of this society.
I will answer what is stored in my memory for other you please refer byelaws.
First Form the society according to law in all respect.
Only member (1st holder) can become part of MC. No POA, authority letter can work.
Other than member no body can vote.
Have inform registrar ant election date,in case no communication from them shall we conduct election on specified date?
Our society of 17 members.how many seats available for MC?no member of reserve category except woman
If nominations received equals to MC seats available then election necessary?
Can an Associate Member whose name appears second in the share certificate but not in the purchase agreement of flat contest elections for the managing committee?
CAN A MEMBER WHO IS NOT STAYING IN THE SOCIETY BUILDING AND HAS ALREADY GIVEN HIS FLAT ON RENTALS BECOME A MEMBER OF THE NEW MANAGING COMMITTEE. IF NO – THE PLEASE GIVE ME THE RULE NO. OF THE BYE LAWS SO THAT I CAN TAKE UP THE OBJECTION WITH THE AUTHORITIES. SUCH MEMBER SAY HE WILL COME ON SUNDAY AND DO SOME WORK FOR 2 OR 3 HOURS.
If the Managing Committee of a Coop. Society commits corruption and its tenure is still not over, what can be done? Can the election be held and new Committee be formed? Please reply urgently.
Regards.
If the election is to be held in September, what is the last date on which a person should be a member to be eligible to vote? Is it 30th June or can it be later?
Thanks.
sir,
Our society’s Managing Committee term expired last year viz. on 31-5-2015.No one checked record of last election & Managing committee continued to work for day to day affairs of the society.Now current year’s AGM is to be held and while going thru record,it was noticed that current Committee’s term had expired last year only.Inform what procedure is to be followed for conducting election of new Managing Committee.what action Registrar can take for this lapse?kindly give guidance.
thanks,
harshad jadav
malad,Mumbai
ours society agm was conducted on Aug.,14 and new commitee members were appointed the same day.want to know wether it was to be done by election process or to follow after the term of new CM expires.
Dear Sir
Our Society is in Mira Raod , Thane, and the managing committee’s 5 year term is already completed two year back.They have not taken any initative for electing new Managing committee.Someone from our society intimated the Thane Co-Operative Registrar and send two notices to the managing committee for electing new managing committee.But the 7 year old managing committee neglected the notice from co operative registrar and continuing the office.They have called an AGM on 25.09.2016 for approval of income and expenditure account for the FY 2015/16.
Sir, it it legally valid for all the expenses which they have spend for the period 01.04.2015-31.03.2016 and also as of today.
I would like to know ( Managing committee ) are they authorised to violate the AGM approved budget ?
No. AGM resolution will always superior to Committee.
What is the process if the Secretary resigns? Also if a MC member resigns? How are they replaced?
In the next comittee meeting. If number of committee member is less then Extraordinary AGM must be called by remaining members.
Dear Sir,Kindly advise that the our Housing Society Secretary & Chairman not discuss in managing committee member meeting regarding AGM meeting date,Venu,Agenda & meeting time,they directly issue the AMG notice to society member is it correct procedure as per rule of co-op Housing soc. or discussion is must to committee member.
Chairman or Secretary can convene AGM. It is prudence to seek mutual consent though.
Yes it is necessary to first discuss in MC meeting & then decide the venu time & date of AGM
What is the procedutre for dissolving a elected committee by the chairman.
Or
How to expel a committee member or chhange the posts of tressurar from one committee member to other?
Seshadri
Chairman of a Hsg society having 47 members
In our CHS, in last 20 years, (1) No elections held as per ByeLaws (2) No AGMs Taken (3) No Audited accounts submitted. Present MC declared themselves as elected after a Chaotic SGB Meeting attended by Members and Non-Members alike ( without any pre-election procedure). As any action of this MC is considered as Null Ab Initiao, can this M.C. now apply to Dy.Registrar for fresh election ? WE have been advised (1) that any New MC made out of action of such Nu.Ab Initio MC is also considered NullAbInitio and (2) instead, We should Form a Provisional Committee in consultation with Dy.Registrar to carry out pre-Election procedure. Is it Correct ? What Sec. of MCS Act supports this ? Is such provisional committee empowered to add name of Proposed Associate Members on Share Certificate ( so that such members can vote ) ?
Best way to apply for an Administrator from Registrar.
Hello sir mujhe kuch khas knowledge nahi Hai property ke bareme bas aapse ye Janna Hai ki agar koi builder jiska agreement khatam ho Jaye aur use renew karna ho uska agreement agar to kya use penalty ke tour pe kuch amount pay karna Honga society ko.
What is the rule for associate member ?
Member A – is an associate member / member of the society.
Member A – is also a tenant of the society since he owns a shop.
Presently Member A as a tenant is in involved in legal issue with the society. Can Member A stand for Managing Committee elections even though he has an on-going case against the society? will that be a conflict of interest?
It seems Registrar have started earning money by making money in this manner. They need to understand this is society not a corporate. Rules and control has to be there but in simpliefied form
We have 12 Members in our Hsg. Society. Whether we should follow same procedure,which seems lengthy.
Election Fund of Rs. 2500/- to whom to pay and how?
Immmediate guidance will be very much useful to complete the
Election procedure.
I need help on election process as if there r 34 candidate means two panel (17 candidate in each panel).
Symbol given to both the panel.
now while giving a vote as a voter need to give a vote to any one panel or individual candidate.
Dear sir,
We have 142 flats & 32 shops society but now we have only 8 members in MC now mc has decided to take election for vacant post. what is the procedure for election for only vacant post.
SIR,
PLEAS GUIDE THE FOLLOWING ACTS OF MANAGING COMMITTEE ARE VALID,
1 THE AGM FOR FY 2015-16 IS TO BE HELD ON 20/11/2016. AS PER MY INFO LAST DATE WAS 30/09/2016.
2. SOCIETY APPOINTED AUDITOR M/S ABC FOR FY 2015-16 IN LAST AGM IN 2015. NOW WE HAVE AUDIT REPORT FROM M/S XYZ . WE HAVE NOT APPOINTED M/S XYX IN AGM.
3. NO TDS ON PROF FEES /SECURITY CHARGES AMOUNTING TO RS 35000/ AND RS 450000/ RESPECTIVELY FOR THE FY.
4.NO SERVICE TAX PAID EVEN THE BILL DOES NOT MENTION OF 15% ST.
5 PAYMENTS ABOVE RS 1500/ IS NOT MADE BY CROSSED CHQ ON SEVERAL OCASSION
PLEASE GUIDE.
REGARDS.
Can a associate member with name on share contest for election. What is the procedure for the same
Yes they can contest the election.
For election in society who eligible to sing the letter to DDR of ward? is chairman? or any committe member? please reply.thanks.
Can a committee member of dissolved committee,contest the election in cooperative housing society?
Dear Sir,our 160memberred regd society took election,later elected chairman,secretory resigned,in Special gen body meeting another members added and appointed as chairman and secretory,is it valid or new election is needful?—Dr.Baisane mobile-09821374286
Sir If New Elected MC of 6+2 is form in 40 members society and after 1 year if 2 Ladies member and 1 General members want to resign, what will be effect to current MC and what will happen next to fulfil back required members ? please suggest
Dear Sir,
What is the elegibility of member to contest the Housing society Election?
Dear Sir,
1)Can a provisional committee undertake any major repair work worth 80 lakhs on a Building where no OC is given by promoter
2) Can a person staying in a flat on his wife’s name be an associate member to come into managing committee and cast vote in election
We have a Federation with the strength of 12 members of representative of 5 Societies. Total 586 members of all 5 Societies. On behalf of all 5 Societies federation made all 5 Societies as a Federation member & made committee of 12 members as per the strength of Individual Societies( % wise on Flat Basis). I would like to Know in Election of Federation who having a Voting rights to cast the vote? all the 586 members or strength of Federation.As per our Bye-laws we mentioned,when Society is member then 1 Society having rights to 1 Vote.. Pl. suggest.
I am staying in a housing society and we have a managing committee elected for a tenure of 5 years. Both our secretary & Chairman want to resign now after 1 year is over. I am given to understand that if Chairman resigns then the entire Managing Committee stands resigned and we have to approach DDR for the fresh elections. Is it correct or what else is the procedure? Please let me know.
Treasurer of our society has resigned from her post and opted to be a managing committee memeber. Is this scenario, can the managing committee appoint a new treasurer from the existing committee members ? According to my knowledge, this is possible the reason being, treasurer was elected as a member first by the AGM and the managing committee has selected him as the treasurer.
would request you to clarify…
thanks
sir the person who was a chairman scretary treasurer and rulled for 14 yearscan be a member again
I wish to know in a commercial society wherein shares offices are held even by limited companies both public and private
Who from this company has a right to stand for elections and vote
Our Society Went under Election process conducted on 28th January 2018. New Committee is elected effective 28th January 2018. Our Handover Process is still ON.
Does Authorised Signatory from Old Committee have rights to sign the Documents/Cheque Post election.
Can a member owning Amalgamated (one share certificate since inception) flat with one entrance and one kitchen be issued 2 shares certificate