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.
Can postal voting be done and can it b considered valid in a Co.Op.Hsg socity , as iam out of Mumbai and our Scty elections are on 28/6/2015
Only if Society election officer permits.
Our society members are nominated secretary, chairman, treasurer and committee members without election.all members majority members are decided it is correct or not only chairman purchase the flat within six month, he can elected
community is made 16th June 2015
You must not by pass minority, go for proper elections.
Hi,
Recently we had elections in our society and the elected members have selected the office bearers. The X chairman who is not selected this time is claiming that as he is from OBC category, he should get the first right for chairman position.
Is that correct ? Is there any such law which states this.
Please guide
No sir, there is no caste discrimination in co-operation law in Maharashtra or any where in India. There no such reservation.
Dear Sir,
As we our secretary has resign from his post, and he told us that new procedure of election is more tough. as he tell us that there will be deposit of 17000 for whosoever wants to stand in the election and the committee will come from Pune Maharashtra and also mention that Palghar district has different rules, as previous Vasai was in the thane now it is in the Palghar district so rules are change.
As all the member of society want to elect one person and don’t want this long procedure, is there any way that all member decide to elect one man for their secretary post without going the way which he told.
Fees as applicable has to be paid and all members should sign the resolution and submit to registrar.
Can a member who has rented out his flat and is staying away, stand for the upcoming society elections…what r the rules for the same….
Yes. Norma;l and general rules applicable.
The term of our MC have been completed im 13 aug 13.The MC is not initiating the process for elections. All efforts and follow up have been made with the deputy registrar.But nothing positive happening.Since 30 june is tge deadline for conducting election as per the commissioner’s order, what should be the next step. Can we debarred the present MC for standing in the forthcoming election for such violation
Let the returning officer take a call.
Election is mandatory ? If our scty follows old system & not inform registrar for election then it is fine with the law ?
The society will be fined. All decision of MC will be void.
What recourse is available if the registrar is not informed 6 months in advance about the expiry of term of existing MC? Can the process be initiated and election held? What about conducting AGM in such case? Please advise on all the points
With reason, registrar must be informed. Go ahead and start the election procedure.
What is term for secretary, chairman and treasures? 1 yr or 5yrs.
If 5 yrs, how to change secretery if he is not doing properly.
No confidence motion against the office bearer.
Sir,
In society election can a joint member(second name) stand for Managging committee election .
Yes.
Chairman of our society having 242 members resigned in Nov 14 without taking any action for election procedure when the present body of 9 directors expires on 31 Mar 2015.Secretary of the present committee not taking any interest for election. Since there was no chairman till May 2015 present body elected me as Chairman to continue till new body is formed after legal elections. Is it legal for me to continue as Chairman and held elections as per Govt Rules in such conditions?
yes. Its legal position you hold till new body comes.
What is the duty of a Cashier of a housing society. Does he suppose to keep the cash with him up to authorised limit and pay the bills.and Banking of the society.
yes, you are right.
I want to know that a member can fillup his nomination . for election on two post
No.
A housing society is under redevelopment and all the members are scattered. The tenure of the managing committee will end in august 2015. The committee was elected last for a three year tenure. Pl advise how to go about this.
Send meeting notices to last known address.
How to initiate no confidence motion?
How many minimum members required to initiate such no conifdence motion?
10%. Give notice and MC duty bound to conduct EAGM.
Our MC was elected in june 2013 for a period of 5 years.
Till today they have not adopted the new byelaws. The last date of june 30th 2015 is over. Next week they have called in the GBM to increase the maintance charges and to negotiate with the builder. Since the MC has not conducted fresh elections as per the new byelaws will their decisions be valid. The secretary is very adament an arrogant.please advice.
Adopting new bye-law is not compulsory.
sir how to initiate no confidence motin agaginst the present MC & how many minimum members are required to initiate such no confidence motion- 1/5th 1/2 or 1/3 of he members?
10% of total members required to give notice for no confidence.
Sir, I have a doubt in this case. If a society is having only 19 members then two members can move a NO CONFIDENCE MOTION.
yes.
on what basis the quorum is calculated.If the quorum falls below the stipulated numbers what will be the fate of the MC AND WHAT ACTION SHOULD BE TAKEN.Are fresh elections to called for .
Quorum if not established, postponed it for an hour, if then also not done then postponed to day after.
Dear admin,
We had applied for registration / adoption of new byelaws as per the new act in april 2013. 7/4/2013 was the last date to submit the new bye laww. However, till date we have not received the stamped copy of the same. Earlier we were told that download them from internet and run the society. Now we have the printed stationary but not the stamped one.
Please advise.
AGM resolution is enough.
Our Society had election on 28 July 2015. Our Election officier had not given us compelete rules nor explain about it. As per the rules person who have more than 2 children cannot stand for election. There were 3 people standing for election have 3 children. Out of 3 memebers 2 are elected as committee members. Can we disqualified these memebers. Second thing the election officier had not explained anything . Can this election be cancelled.
if after 2001 if children are born then disqualification can happen.
The MC term has expired however the secy has senr notice for another AGM, and not properly replying to our queries regarding elections… pl guide how to contact the Returning Officer/Authorised personnel from Registrar office
Write to registrar.
our society is below 100 member . In election 7 member standing 2 women in direct it elected but people can vote how much minimum vote .
There is no minimum or maximum votes. One flat one vote. Vote for all 7 members.
in which condition associate member fight election &be a member of managing commitee ?
When main member is out or incapacitated and give Power of Attorney to associate members.
as he knows(dy registrar) that associate members are fighting election(as per the list given by society ) ,then also he allow them(associate members bypaying 100 rs entrance fee) for fighting election , what action should be taken on registrar who making fraud with society member (associate members )?
Take an injunction from court and file a suit .
Can a flat owner who is staying out of society,but adjacent to the society building become chairman of managing committee??
Yes.
Our society’s managing body was elected formed in 2012 with requisite members. It is correct 5 years. With the chance on rules, do we have to have re-election this year for new body? Or should we wait till 5 years are over and for new body with new elation rules.
Elections are due.
Can a second owner of a flat become a chairman as per law she is applicable for the post
Second owner if she had completed two years. Second name in the share certificate then also yes.
hello, if there are no members who fall under the reserved category, do the seats then move to the open category?
yes.
A member of the society owns 8 flats in the same society. does he have the right to cast 8 votes or just 1 vote in the society elections.
In the case of Merry Niketan Co-operative Housing Society Ltd Supreme Court said that One Vote for One Flat. Hence 8 flats will have 8 votes.
We are a housing society of 152 members. We had formed a managining committee of 9 members ( including 1 woman) by self nomination without voting under guidance of government appointed election officer. After 3 months, secretary & 1 member resigned from the mc. the mc appointed new secretary & new treasurer from among remaining members, chairman being the same without informing the election officer/registrar. Now the MC is running the society operations with 7 members only. Is it valid & legal way of running affairs of co-op. society. If not, what is the procedure to make the mc function as per the co-op laws of hsg. societies. pls. guide aasap.
thanks & regards
pravin
It is fine, just co-opt two more members.
thanks for your prompt reply,but as per 97th constitutional ammendment act 2011,it is clearly mentioned’board may fill a casual vaccancy on the board by nomination out of the same class of members in respect of which the casual vaccancy has arisen, IF THE TERM OF THE OFFICE OF THE BOARD IS LESS THAN HALF OF ITS ORIGINAL TERM”which is 5 years in our soc.case & only 5 months have passed now from the start of functioning/term of BOARD.still is it okay for MC/ BOARD to run the affairs of the society by just co-opting two members instead of calling for fresh election process to constitute new stable board for full term of 5 years. pls. guide.
regards
pravin
Please elaborate the question.
we are a housing society with 70 members, is it necessary for us to go through the election officer. in the past we have been smoothly conducting elections following proper procedure and none of the members have any grouse or complaints with regard to the same
yes.
Our Society has 14 members. We have 5 members in the M. C. elected as per the old Bye-laws. Do we have to elect 11 members to form an M.C. after the expiry of the present term?
NO.
I want to ask that election offcer has not explained anything about the election and 3 members having more than 2 children and 2 members had won in the election. Can this election be cancelled.
if children born before 2001, parents are eligible.
In my society managing committee got elected in Jan 13.On may-13 Secretary resigned & m/c coopted one member.As they did’t convey the vecancy My question is whether committee can be termed as illegally formed?Presently they are found functioning with many irregularities & now they are proceeding towards redevelopment.
What is the question? Co-opting is legal.
Sir,
one of our society member die when our building is under builder control. Now our building is operating by society committee. His wife wants to transfer the flat by own name.can society transfer the flat by her name.she allways force the committee to transfer the flat by her name.
Follow regular procedure to transfer of flats.
Can a person stand for election if his name stand second in agreement
yes
We have society of 10 member including 3 commercial flat. we held election in next month. Is it true that cost election for our society would be near to rupee one lakh?
Pl see the post, fees of returnng officer is mentioned.
Our society is located at Pune and have 90 members. Both the chairman and secretary had resigned recently and only the treasurer is left in the committee. GBM was conducted last week and new executive committee of 11 members has been formed. They have elected the chairman, secretary and treasurer also. Is their positions valid, considering the present election rules in effect ? Or else what is to be done ? Please advise.
.
Its seems to be valid.
DEAR SIR, KINDLY ADVISE WHETHER WE CAN VOTE BY POST OR EMAIL, IF I M OUT OF TOWN ON THE DAY OF ELECTION, OUR SOCIETYS ELECTION AR EON 26 TH JULY AND WE NEED TO KNOW ABOUT THE SAME.
REGDS
Proxy can be used or if Returning officer allow, you can vote by email.
IN OUR SOCIETY THERE IS HEAVY INTERNAL LEAKAGES FROM THE SECOND FLOOR TO THE FIRST FLOOR FLAT. THE TOP FLOOR FLAT IS NOT CO-OPERATING TO GET IT REPAIRED. WHAT REMEDIES AVAILABLE WITH THE SOCIETY SINCE THE AFFECTED FLAT OWNER ALREADY GIVEN COMPLAINT IN WRITING TO THE SOCIETY
Pl complaint to police.
I have read somewhere on the net that if chairman resigns from post of chairman as well as from committee member, the entire committee has to resign as chairman is like PM and society cannot co-opt chairman.Is it true?
No, chairman resignation do not lead to termination of the MC. MC can elect chairman afresh.
Dear Sir,
I stay in Navi Mumbai and we are a society with 228 flats/members.Our election is due before 22nd Sep 2015 and thereby we have given the requisition/application with E2/E3 form as well as cheque of Rs 7500 as expenses or fees.
There two queires
1)The consultant through whom we are doing this has come back and told that the fees for more than 200 members has been increased to Rs 20,000/- so we will have to pay additional amount however there is no official circular or communication. How to go about this or do you have any details of same?
2) What if no one nominates for the reserved category position i.e OBC/SC/ST. Then what is course of action and also what if total nominations are 15 or less than 15.
Thanks
Jai
1. It is not 20,000/-, pay by demand draft to registrar only, dont pay to agent’s account.
2. Nominate according to rules, fill by open category.
‘D’ type Society (less than 200 members).MC term expired in Oct 2013 but Elections could not be held because of new act was kept in suspension. Then 31-Dec-2014 deadline got extended to 30-Jun-15 and now members are sent SGM notice by Coop CEA officer about elections in the SGM.Current Secy is inviting nominations 03 days before SGM date. But Returning officer is NOT announced/appointed.
Questions:
(1) can the SCEA officer by-pass the requirement of declare Election program & agenda, appoint a Returning officer etc.?
(2) Can the present Secy receive play that role (even as interested party)?
(3) With only 8 members in new MC, what will be quorum for valid MC meeting? (given the fact that we do not have members from SC/ST/VJ/NT and hence 3 reserved seats will remain vacant),
(4) What fees have to be paid? is it Rs. 4000?
1. No
2. No.
3. New MC has to be according to the new rules.
4. As prescribed.
Dear sir,
our society election on this 26th july. so can past secretary/chairman/treasurer stand for managing committee , or can they rejoin the same post if election result in favour of them.
thanking you, mani bhushan
Yes ofcourse.
We have inform the Registrar office for connducting elections in our society as the present term is expiring in august but aas of day we have failed to receive any communication from their end.
What is the option available to societies in event of no communication from their end.
Can we hold elections as ususal
Yes, go ahead and file the proceedings to registrar office.
Dear Sir,
Our society is very small having only 38 members,how are we going to have MCM consisting of 11 members? so far the present committee has 6 members and is doing fine, what if, when the society conduct new election and not enough members participate and we do not have that magic number (11)?
please advise. regards.
Nominate members to MC
In a society or 40 members and as per bylaws it is required to have 11 committee members. If we are not able to find 11 what’s the minimum no. of committee members required
Pl refer matter to returning officer, who will nominate accordingly.
In case a member is going out of town and wish to file his nomination for the managing committee for the elections – can he be allowed by the deputy registrar to submit his form in advance compared to the date declared for submitting the form .
Pls inform
yes.
I want to know the procedure for change in member of society in the case where 3 members are coming and simultaneously 3 are going?
Pl follow various forms and procedure of inducting members. On this portal you will find all the forms for downloads.
Iam a member of housing society in goa, committe was formed in arpil 2015 and after 3 month all the committee members have resigned.suddenly secretary puts the notice saying election will happen with in 2 weeks. he gave only 3 days to file nomination. my question is according to law how many minimum days to be given to file nomination. my second question is how many days gap should be there for re-election after the nomination is filled
Special AGM 14 days.
Sir,
Am resident of Mumbai and our society has 20 members. In November 2014 Managing Committee resigned due to differences between society members and handed over the charge to New committee. They say since we have not adopted the Election rules in our Minutes book hence it does not apply to our society Is it true?
Couple of years ago, in AGM we all members passed a resolution for fixing Managing Committee members i.e. 5 members will take over for 5 years and another 5 members for next 5 years and so on.
My question is – does the above resolution passed in the AGM valid, as now new election rules have come in to effect. Is it absolutely necessary to inform the Housing Society Registrar for holding elections?
New election rules will over rule all past resolutions, you need to follow new election rules