Co-operative Housing Society – Managing Committee. Election / Eligibility etc.
Managing Committee. Election / Eligibility etc.
Can a member who has already paid his dues of the society prior to the scrutiny of the nomination contest for election?
Yes, if a member paid dues of the society before the scrutiny of the nomination then that member is eligible for contesting the election.
What action can be taken against a member of the managing committee who hasn’t paid his dues of maintenance? Also, can he be expelled or disqualify?
In case a member of the managing committee is liable to pay his dues for maintenance, the right to stay as a member in the committee is withdrawn from him and with an application to the registrar, he can be expelled under section 78.
In case the Secretary of the outgoing Committee fails to convene the meeting what are the possible alternatives to it?
Subject to provisions of Bye-law No. 123(a), if the Secretary of the outgoing committee fails to issue a notice and convene the first meeting, then the Chairman of the committee or the Registering Authority can call for such meeting.
Who are the people ineligible to stand for the election of committee member?
According to provision under bye-laws No. 118, following people are not eligible for being elected as the member of the committee.
• A person who is convicted for offence of moral degeneration, then not until 6 years period lapse from the charge proved.
• If a person has defaulted in his payment of dues to the society within three months from the date of receiving notice is not eligible for election.
• In case an individual is held responsible under section 79 or 88 of the Act or held responsible for paying the enquiry cost under section 85 of the Act, he is not eligible for the election.
• If an individual has given his gala or part of it as subtenant or leased it or by other ways the possession is given to another person without a written consent from the society is ineligible for election.
• With respect to the co-member, if an individual has not submitted NOC and guarantee letter as prescribed in bye-laws of the original member he is not eligible for election.
How does the new committee take over the responsibility from the outgoing Committee?
When the new Committee is elected, the Secretary and the chairman of the outgoing Committee prepares a list of papers and property of the Society in the custody of the new chairman and secretary, in accordance to the provisions contained in Section 160 of the MCS Act, 1960.
What is the provision for distrust raised against the office bearers and the employees of the office of the Housing society?
A No confidence resolution can be passed against the Chairman, secretary, and treasurer. Also, the concerned office bearer can be expelled by passing a resolution through voting of 2/3 members. But, once a no-confidence motion is rejected then it cannot be moved for the next six months from the date of resolution.
What do you mean by Committee?
The term Committee as defined under the Bye-law No. 3(iv) of the Model Bye-laws of the Society means, an association or group formed by the members of the Society or any other directing body to which the management of the affairs of the society is entrusted.
Can a committee pass a resolution for expelling a committee member?
No committee member can be expelled by passing a resolution.
What is the remedy in case of a meeting of the society is not called by the chairman/Secretary?
As per the provision in bye-laws No. 133, if federation was informed of such meeting then it can be called by the federation.
What is the tenure of an interim committee?
One year from that date of its establishment is the tenure of the interim committee.
What are the alternate options if polling officers denies nomination of election?
An Appeal can be made before the registrar within 3 days from the date of denial of nomination under section 152 A of the Maharashtra Co. Operative Society Act. 1960.
Can there be two managing committee for two separate building of the same housing society.
Only one managing committee can exist for a single housing society.
Who can accept the resignation of the chairman?
A secretary can accept the resignation of the chairman under provisions in bye-law No. 132 (1).
What is the remedy for an old committee that negates to give charge of the office to the new committee?
If the old committee disagrees to give charge of the office to the new committee then, with an application to the registrar under section 80 of the Maharashtra co. operative societies act of 1960, can take action against the old committee.
Can a member, held responsible under section 79 or 88 or 85 contest for an election?
A member held responsible under section 79, 88 or 85 is not eligible for a re- election, appointment or incorporation for the next 5 years from the date he was expelled.
Can a defaulted committee member after paying his dues be eligible to be a committee member?
A defaulted member of the committee, after paying his dues can be eligible for a re-election to be a member again in the committee
Are decisions taken after expiration of tenure and till the formation of a new committee legal?
As per section 77 of the Maharashtra Co. Operative societies Act of 1960, the decision taken during such period as mentioned above is legal.
How is a decision taken, in case of an equal positive or negative vote on any resolution in the managing committee?
In accordance to the provision under section 27(1) of the co. operative Act, if there is a tie in the voting of a resolution than, the chairman of the society has the right to cast his additional vote.
Dose the chairman enjoy the power to cast a vote?
As provided in bye-laws no. 135, the chairman enjoys the power of casting a vote in the election.
Is the decision taken by the old committee during the period of formation of new committee a valid decision or not?
Until the court announces such decisions as invalid, they are considered valid. However the new committee holds the discretionary power to modify it.
Can an ex-committee member contest for election?
If an Ex-committee member is eligible as under bye-laws No. 118, he can contest for the election.
Under what circumstance does the co. operative Housing society incorporate the member in the managing Committee?
Due to an unforeseen event of death, or events like resignation, disqualify, dismissal of a committee member, the members are incorporated in the vacant post.
After interim committee when does the committee came into existence?
This committee came into existence as per election rules after the election of committee. As per provisions under section 73 the Maharashtra Co-operative societies Act 1960
What is the tenure of an elected committee?
The tenure of an elected committee is 5 years as in bye-laws of the co-operative housing societies.
What actions are taken if elections are not held as per the prescribed time?
In a case the elections are not held as per the prescribed time, the registrar can be appointed as an administrator.
What measures are to be taken in case an existing committee tenor resigns?
In case an existing committee resigns, an application is put forth before the general meeting for approval, after which the charge of the office is entrusted to the previous managing committee until an ad-hoc committee is appointed. However it is obligatory that the important decisions pertaining to financial and policy matter should be taken by such committee.
