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.
Thanks for the useful information. You have not detailed the eligible society for elections. What is position of Society whose elections are due in March 2015.
All the managing committee members have resigned due to severe health problems.can immediate election be held for the smooth running of the society without involving the officers of registrar of coop. Society
Yes. Extraordinary General Meeting must be called.
Chairman of the Society is out of station for 3 months, Treasurer has submitted resignation. Without signature of Chairman or Treasurer on Cheques how society can run. Two signatories are must to sign on Cheques. We can appoint Chairman for temporary period till the chairman return back from out of station and also we can appoint Treasurer and other committee members in Special General Body Meeting. Please reply.
Yes!
superb info..thank u sir..
Kindly intimate as to whom to inquire about the Date to which the CHS falls due for election. Would like to know that 1)whether the CHS is empowered to levy the penalty of 21% on current Months Bill 2) whether the CHS can levy penalty of 21% on Statutory charges also.
Regads,
Kiran Kulkarni. 9969956572
What is the minimum amount ofmembers required in the managing comm including women.We have no SC,St obc
We are 23mbers
N
only 8 member 6 general + 2 Women
Nominated Chairmen who is not elected throw voting can take decision on redeveloping of building
hello sir.
can i know the procedure of election for housing society registered dt on 01.01.2013 which have new managing body for the term of one year
Managing commitee of our society is 7 years old. But in spite of repeated reminders it is not holding elections. What is the election process for 64 member society?
Pl notify this immediate to election authority and Registrar.
can a active real estate agent contest for elections to committee member
want it be dangerous that the agent if elected can misuse the office for his personal interest as he will have access to all imformation of residents
I have same question,
Can a active Real Estate agent contest for election to committee member ?
He can misuse the information he has for rental, sell, vacant flats for doing his own business
How can we stop it ? do there any by laws for the same ?
yes, he can.
You cannot stop a member to receive information.
Mr. GD, why dont u satisfy with the percentage u collects from the buyer. why u want to enter into the society also and do more corruptive practices. please forget that ambition pls
Is this applicable to housing societies registered as co-partnership/tenant type or Apartment/condominium type?
If the present body does not take any action then what can we do?
SIR i wish to inform u that our building has total 10 members our building hs under construction under TDR and our committee is expiring on 31st march and out of 10 menbers 2 directors of the builder are also the developer of the building so we are now at present have a mc of 5 members out of the other 8 members PL reply how and what should be the new procedure to have elections as all members stay under rental premises and at different locations whether the developer who are having 2 flats can also stand for elections or not as still the building is not completed they remain to be still the developer. thanking you
we are going to conduct managing committee election in one months time .we wanted to know weather an associate member or a member not residing in society premises can contest the election.
please guide .we are not clear going through ammended by laws.
Thanks
Regards
Nazrul I Syed
Associate member cannot fight election. A member holding share certificate of the society can fight election, whether or not residing in society or no.
Dear Sir
We are small co-operative society on MHADA leased land with 19 members. Term of Our Management committee has expired one year back and they are not holding fresh election giving reason that as per current regulations societies cannot hold elections. Is this true ? And if so how can members get rid of unwanted Managing Committee. Kindly guide
M N Vadhar
Regards
Sir,
We formed our committee in 2008 december by moving a no-confidence vote against previous committee who was neither ready to conduct elections by procedure and not providing us the audit reports. We conducted elections by hand-raising and elected members. We submitted the Form-M-20 to registrar along with the statement of incidence. THere are many expenses incurred by previous committee without any receipt, too much cash transactions and not a single voucher dual validated. Many expenses carried out by them are false. When we took over we audited the previous accounts, sent notices for the explanation and then with exception accepted the audited accounts. our term was ending in 2013 December so we sent the letter to Registrar to seek guidance as all elections were on hold. We then proposed extension to our AGM in Aug 2013 and AGM unanimously accepted and approved our extension. we then again filled the form M-20 (though not required now)and submitted same with the MoM to the registrar. We are opting for the elections now as per the new guidelines. Is there anything we did which was illegal in the process and whether the deeds of our committee (which are done with due approval from General body) can be challenged ? should we have taken the action against older managing committee ?. please guide
we have taken elections by old bye-laws in 2013 and we are 327 society members.Please guide us whether this election is legal or illegal,if illegal then what is the procedure to take new elections.
We have taken elections by old bye-laws.just guide us this procedure of ensuring a legal election.
sir we got our soc reg on 4sep2013 an on 22march 2015 the soc hold election without naming the nominationof contestant only voters list was displaced,on 22*3*2015 we hold election the nomination by paying 50 ruppes an 1 member withdraw his name on the same day can we chllange this election.
we are in D class soc having 108 members can we 6 members challenge them in cop court bcs we suspect manuplated election the reason behind this the members who fill their names out of 13 members 8 members have all illegal construction
Yes! it can be challenged.
Our Society is registered in the year 1971. The Share Certificate have been issued. Now it is observed that more than 60% members do not have registered
agreement nor paid stamp duties . Is those members are eligible to stand for election.
Yes. Stamp Duty started in 1084. And registration in Cooperative housing society was not mandatory. All the members having name in membership register are eligible to fight election.
Sir,I am an Associate member in the society so can i contest managing committee elections under new rules. Pls clarify ??
No, Associate members cannot fight elections.
Want to know can a person by just paying Rs 100 become a Associate member?
If such associatee members are made according to new bylaws do their membership ceases ?
If you read the bylaws at place it says you have to buy the shares , pay duty and register and at oneplace it says one can become associate member by signing form no 7 and paying Rs 100 one can become associate member.
Please clarify
Our society is in the process of conducting elections as instructed by Dy Registrar. List was displayed for checking the names. Dates have not been declared as of yet. What is the minimum time the for displaying the election schedule on notice board. How many days in advance they should display the notice.
I hold two flats on my name with my wife being joint holder & second name on each of the flats and hold two independent share certificates of the society. How are the voting rights provisioned for a single person holding two flats?
Your’s will be considered as One vote only.
Is thw claim of the MC that the life of MC is till 31/03/16, as the elctions were held on 30/10/2010, justified?
What if the society elections are not held?
A society having more than 200 members is now termed Type “C”.Does this type of necessarily have to have constituencies.There is a housing society have about 800 members and has only 1(one) constituency,is this legally tenable.
Sir,
My question is very simple. A member has died long ago but still form part of voter list eligible for election Is such list is valid? and therefor election is valid ?
Is it necessary to publish list of such members just like members is default?
Candidate interest in contesting election should file a form in advance before specified time limit duly veried or it will be issued on the day of election by the election officer.If such procedure is valid ? what are the consequences if it is not?
It all depends on Election officer as to manage such list.
I am an associates member of Sahajivan Coop Hsg Soc.My wife is member is the member of the society She wants to add my as joint member and add my name in the share certificates as joint member is it possible ? If so what is the procedure to be adopted
Vasantrao pingulkar
There are some forms for Co-members or joint ownership. Do not go for Associate memnerbership.
What is the last date for the election as per the new rules
I m the chairman of socity If secretary do not issue notice to defoulter memberbecoz of his persnol rltn than what type of action taken by chairman
call managing committee meeting and appoint an advocate to initiate recovery.
Salsette Catholic C.H.S. founded in 1918 has 294 plots this Plot holder type society, of this are 3 Co-partership society where plot and building build by society and every flat given a share certificate of these 294 plots building are build and they have society within society, The Society has so bascically there are 3 types Plot owners , tenant co-partnership and society within society, can the Managing committee be the same for all the 3 type of catogries, moreover in 1918 when society was formed some share certificates were given as donor members, as they donated lands their legatees still have share certificate without having a Plot or flat in society and are given voting rights, there is no such thing as donar member in MCS act kindly advise what should be done
what is procedure to adopted by returning officer in matter of D type society election
1) DATE OF election )
2) Date and time for distributing and receiving/ collecting nomination form
3)date and time for withdrawal of nomination form/declaration of final list of eligible contesting members
Sir,
Recently election was conducted in our Society . The person who elected a president holding two flats in the same society with two share certificates, One on his name and another on his wife’s name. Is he eligible for contesting a election.? Can now we challange his post .?
Please advice .
Two different members is allowed in same society.
R/S, I M RECOVERY OFFICER IN A CO-OPERATIVE BANK ONE OF MY DEFULTER IS CONTEST ANOTHER CO-OPERATIVE SOCIETY’S ELECTION CAN I MADE LEGALE OBJECATION FOR HIS ELECTION FROM & UNDER WHICH SECTION COVERED IT. SO PLEASE GIVE ME A GUIDLINE FOR THIS
THANKING YOU
member cannot fight once default in one society. refer election norms in bye-laws.
CAN A NOMINEE BE A SIGNATORY TO A JOINT COMPLAINT AGAINST THE CO OPERATIVE HOUSING SOCIETY SECRETARY, IF SO ON WHAT CAPACITY HE CAN SIGN.
No, Nominees are not party to society.
Ours is the society with only 15 Flats in one building.
1. What is the number of MC members we must have?
2. Can we elect 5 members out of 7 nominations by a ballot paper dropped in a ballot box please?
Please advise
Our society has only 14 members. Our society has yet to adopt the model by-lay and existing committee’s tenure is to end in may. In such circumstances, can society approve Audited accounts before the election of Managing Committee is held. Kindly guide.
Section 35 has been amended and it says that a secretary can continue for any term without any restriction. But my society bye laws say that Secretary can not continue for more than two terms. Can I appoint a secretary for third term without amending bye-laws of the society.
No, Please adhere to rules adopted by Bye-Law.
Hi,
In case the entire managing committee has resigned in the 3rd year itself. Can they declare the election to form a new managing committee or it needs to be administered by the authorized person being appointed by the Registrar, since the existing committee has resigned without completing the period of 5 years.
Yes they can start election process.
As per the new election rules, who is to issue and collect nomination forms? Once the election is announced by the representative named by the Register (in a housing society with less than 200 members), can managing committee collect nominations from those interested in contesting elections?
WHAT ARE THE POWERS OF AN AUTHORIZED SIGNATORY IN A SOCIETY. CAN HE RAISE A COMPLAINT AGAINST THE WORKING OF THE MG. COMMITTEE.
There is no concept of authorised signatory. A power of attorney must be submitted to society.
Can we expel a member under Chapter 9 (c) of MSCSA 2003 since he is raising issues of 2001 and also other act detrimental to the interest and proper working of the CHS. He instigates members to sign complaints against the society by forming a Group.
No. Only defaulting members and public nuisance be the reason for expelling.
SIR, CAN A REAL ESTATE BROKER BE A COMMITTEE MEMBER AND A CHAIR PERSON OR SECCRETARY OR TREASURER.
CAN A 2ND JOINT HOLDER BE A CHAIRMAN OR SECRETARY OF A CHS.
IS IT MENTION IN THE SOCIETYS BYE-LAWS.
Yes a joint holder can become office bearer irrespective of his / her profession.
What is Public Nuisance in a Society by a member?
Present commitee was appointed under old bye laws. Our EGM of society has resolved that present commmitee should be there for a period of 3 years. However, no filling to the registrar regarding this change was made by the commitee. Subsequently model bye law was adopted. MOdel bye law states that only commitee appointed under new bye law will have term of 5 years. Thus, tenure of present commitee is dissolved. Further, presently, secretary and treasurer (who were co-opted by the present commitee since old secretary and treasurer is resigned and not elected by election) have resigned. Further, out of 11 members of commitee, 5 have resigned.Further,In special EGM, it was resolved by 25 out of 47 members (including commitee members)that this commitee should be dissolved and election to be held.But, present chairman not interested in dissolving this commitee and held election and delaying matter by manipulating facts. What recourse members have. Can they tell registrar in such case to held election. Can the old secretary sign papers related to election?
Under what new bye laws can a associate member not contest elections
One of our members using the flat owned by him for a commercial address. He also opened Bank Account under the Companny;s name. Can we charge him the commercial rate of taxes such as maintenance and Municipal tax, Can we report this matter to the Municipal Authorities too.
Sir, Some legal heirs of the society e.g. son or daughter of society members are wish to participate in the society election but their name is not on the share certificate. As per bye-laws they can not give vote as a associate member also. So what is the procedure to add their names in share certificate on first number so that they can participate in election for managing committee. Kindly help. Thanks.
Request society to include their name as first owner, register a gift deed in their favour
Hi, I belong to Ward “D”. I want to contest for elections and i have filled my form and submitted in the Society. I overheard from someone that since I am a new member who has only completed 1.5 years in this society, I cannot contest. Minimum 2 years old members can only contest. How far is this true. Any one has Mr. Khans Number?
Regards
Yes its is mandatory to complete 2 years to stand in the election of society.
The present Managing Committee was appointed by the old bye – laws in the year 2014. We are now adopting the new model bye laws. Do we have to conduct fresh selection/election of Managing Committee. What would be the legal validity of the present committee which was selected in the last AGM 2014.
No need for fresh election. Let the term of the office expire according to old bye-law.
our society is in maharashtra, and have still not adopted the New Bye Laws and according to the old bye laws the tenure of the MC is three years.
The MC was elected on 01.04.2012 and its term expired on 31.03.2015.
NOW MY QUESTION, CAN THIS MC CONTINUE FOR FURTHER TWO YEARS AS PER THE NEW RULING BY MAHARASHTRA GOVERNMENT FOR THE HOUSING SOCIETIES IN MAHARASHTRA TO HAVE THE TENURE OF MC AS FIVE YEARS OR THEY ARE SUPPOSED TO CALL THE FRESH ELECTION
No, the tenure cannot be enhanced.
our society is in maharashtra, and have still not adopted the New Bye Laws and according to the old bye laws the tenure of the MC is three years.
The MC was elected on 01.04.2012 and its term expired on 31.03.2015.
NOW MY QUESTION, CAN THIS MC CONTINUE FOR FURTHER TWO YEARS AS PER THE NEW RULING BY MAHARASHTRA GOVERNMENT FOR THE HOUSING SOCIETIES IN MAHARASHTRA TO HAVE THE TENURE OF MC AS FIVE YEARS OR THEY ARE SUPPOSED TO CALL THE FRESH ELECTION
Ours is a Registered CO-Operative Housing Society in the year 2000. As per Original approved Plan, there is a society office space. However, the builder has attached that portion too with a flat and sold. In 2012-13 conveyancing of the building also done. Can we still fight for our Right – Society Office. What would be the remedy.
if in the BMC plan it is showing as society office, you can vacate the premises from court decree.
Our society last election was held on 04/07/2010.We were not fully aware of the new laws. What should be done. what would be consequence for this lapse? Present committee never wanted to delay the elections.
Pl adopt new bye-law and go for the fresh elections according to rules.
Ours is a conveyanced Society in Thane Dist. Certain members have converted their one room kitchen to one bedroom hall kitchen by altering the Kitchen to passage. Is it legally allowable. If not so what is the solution left for the Society. They are arguing. But in the original Agreement it is not there. So also the Fire Exit has been closed by one flat with their bedroom.
Society can take action and inform municipal corporation accordingly.
In our Society premises all flats have fixed safety door other than the Main door one to two inches ahead of the Main Door. One flat has earlier fixed 30 inches ahead of the Main door. Can we consider all these fixation of safety doors illegal.
Absolutely, a dedicated space for flats must be adhere to.