In cooperative housing societies, transparency and procedural compliance are crucial. One such important protocol is signing the attendance register during Managing Committee (MC) meetings and General Body Meetings (GBMs). Signing the register not only confirms a member’s presence but also ensures that quorum requirements are fulfilled, making the meeting valid under the provisions of the Maharashtra Cooperative Societies Act, 1960 and the Model Bye-laws.
However, what happens when a member attends the meeting but refuses to sign the attendance register? This is more than a procedural lapse—it can have implications for meeting validity, decision-making, and the member’s standing in the society.
Importance of Signing the Attendance Register
Marking attendance by signing the register is both a right and a responsibility. It:
- Confirms the member’s presence
- Helps in establishing quorum
- Protects the society from future legal challenges to meeting decisions
- Serves as an official record of participation, consent, or dissent
Managing Committee Members Refusing to Sign
If a Managing Committee member attends the meeting but refuses to sign the attendance register, the following actions are recommended:
- Secretary’s Role:
The Secretary should make a note in the minutes of the meeting mentioning the member’s presence and refusal to sign. - Deemed Absent:
For procedural purposes, the member can be considered absent from the meeting. - Three Consecutive Absences Rule:
As per bye-laws, if a committee member misses three consecutive meetings without sanctioned leave, they are liable to be removed after the issuance of a notice.
General Body Members Refusing to Sign
If a society member attends a General Body Meeting but refuses to sign the register:
- No Consent or Objection Recorded:
Their consent, objection, or vote should not be considered or recorded. - Record in Minutes:
The incident must be mentioned in the meeting minutes to maintain transparency. - Binding Decisions:
The decisions taken at such meetings are binding on all members, whether they signed the register or not.
Relevant Circular from the Cooperative Department (May 2023)
As per the May 2023 circular from the Cooperative Department, members who are absent from General Body Meetings cannot later raise complaints regarding decisions taken therein with the Managing Committee or Registrar. Their only remedy is to approach the Cooperative Court.
This underscores the importance of officially recording one’s presence by signing the register, failing which the member may lose the right to challenge decisions made in their presence.
Preventive Measures and Recommendations
- Secretaries should keep a well-maintained register and ask each member to sign before or during the meeting.
- If a member refuses, ask for the reason and document the refusal in minutes.
- Regular reminders about meeting duties and protocols should be circulated to avoid such issues.
- Digital attendance systems with timestamps and OTP authentication can also be explored for better compliance.
Conclusion
Refusing to sign the attendance register, whether by a committee member or a general body member, can invalidate their presence for all legal and procedural purposes. It also reflects non-cooperation, which can be detrimental to the democratic functioning of the society. Hence, all members should understand that attendance signatures are not just a formality but a legal and ethical duty that supports good governance and transparency.
