Election

   25-05-2019 -       UMESHCHANDRA YADAV -       no comment.

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1. What measures to be adopted if there is an outstanding of maintenance or other dues against the managing committee member and if he is become disqualify because of this?

Ans: In such a situation, the right to stay as a member on the committee is withdrawn from that concerned member and he is expel under section 78 by making application to the registrar.

2. If a member paid dues of the society before scrutiny of the nomination they can be contest election or not?

Ans: Yes, if a member paid dues of the society before the scrutiny of the nomination then that member is eligible for contesting the election.

3. What is the ineligibility for to elect as a committee member?

Ans: In the circumstance mentioned below, no person is eligible for getting elected as a committee member or its co-opted member according to the provision under bye-laws No. 118.

1. If a person was convicted for the offence of moral degeneration, then not until 6 years period lapse from the charge proved.

2. If ineligible to pay the dues of the society within three months from the date of receiving notice demanding dues of the society, sent with the acknowledgement of post or by hand delivery.

3. If he was held responsible under section 79 or 88 of the Act or held responsible for paying the enquiry cost under section 85 of the Act.

4. If he has given his gala or part of it as subtenant or on lease system or as on case taker basis or by other way possession is give to some other person without written permission of the society of if he had sell share capital or interest of the society.

5. In respect of the co-member if he did not submit NOC and guarantee letter prescribed in the bye-laws of the original member.

4. What is the remedy if the Secretary of the outgoing Committee fails to convene the meeting?

Ans: Subject to the provisions of the Bye-law No. 123(a), the Secretary of the outgoing committee has to a issue the notice of the first meeting of the newly elected Committee and the outgoing Committee to the members thereof. On failure of the Secretary of the outgoing Committee to convene the said meeting, the Chairman of the outgoing Committee calls it. On the failure of both, the Registering Authority calls such a meeting.

5. What is provision if distrust arise against the office bearers and similarly against the employees of the office of the Housing society. No confidence resolution can be moved against the chairman/Dy. Chairman, secretary, and treasurer. The concerned office bearer can be expelled by passing a resolution through voting of 2/3 members.

Ans: Once a no-confidence motion is rejected then it could not be moved for six months from the date of resolution. If there is distrust against employees then the society may take action by giving them sufficient opportunity and by hearing them.

6. What do you mean by a Committee?

Ans: The term Committee is defined under the Bye-law No. 3(iv) of the Model Bye-laws of the Society. “Committee” means a Committee formed by the members of the Society or any other directing body to which the management of the affairs of the society is entrusted.

7. Whether a committee can make a resolution for expelling a committee member?

Ans: The committee has no right to expel member in such a way.

8. How does the outgoing Committee handover its charge to the new Committee?

Ans: When the new Committee is elected, the Secretary of the outgoing Committee prepares the list of papers and property of the Society in his custody and hands over the charge thereof to the outgoing Chairman. The retiring Chairman then hands over the charge of the office of the Committee and all papers and property of the Society, in his possession to the Chairman of the new Committee, as per the provisions contained in Section 160 of the MCS Act, 1960.

9. How much tenure of the interim committee?

Ans: The date on which the interim committee is formed, one year period from that date is suppose to be the tenure of the interim committee.

10. What measures are to adopted if polling featuring officers denied nomination of election?

Ans: 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.

11. What is a remedy if the meeting of the society, was not called by the chairman/Secretary.

Ans: As provision is made in bye-laws No. 133, if federation was informed then such meeting called by the federation.

12. Whether two managing committee can work in two separate building of one housing society.

Ans: Only one managing committee should be existed in one housing society.

13. If the old committee negates to give charge of the office to the new committee then what is remedy on it?

Ans: Office bearers of the new committee can make an application to the registrar. By taking action under section 80 of the Maharashtra co. operative societies act. 1960.

14. Whether a member held responsible under section 79 or 88 or 85then can be contest election or not?

Ans: If a member held responsible under section 79, 88 or 85 then he would not be eligible for re appointing on managing committee, for re incorporation, for re election he could be eligible after 5 years from the date on which he was disqualify.

15. If a committee member is defaulter and if after some time he paid all dues then is he became eligible as a committee member?

Ans: After pending of dues, the concerned committee member is become disqualify as a committee member. He could not look after working of the society once he becomes defaulter. After paying all dues, such member is eligible as a member for re-election, re-incorporating.

16. Who can accept the resignation of the chairman?

Ans: A secretary can accept the resignation of the chairman under provisions in bye-law No. 132 (1). A written letter is necessary thereof. Thereafter a committee can take decision for approving the resignation.

17. Whether decisions taken after expiration of tenure and till new committee came into existence are legal or so?

Ans: In section 77 of the Maharashtra Co. Operative societies Act 1960 it has not been noted that the decision taken in the period mentioned above are illegal.

18. Can an existing committee tender Resignation? What are measures in such situation?

Ans: Such an application put before the general meeting for approval Even after approving resignation by the general meeting, the charge of the office is entrusted to the previous managing committee only till alternate arrangement is made or ad-hoc committee is appointed. This ad-hoc committee till new committee by taking election came into existence. However it is obligatory that important decisions like financial and policy matters should not be taken by such committee. They should look after day to day working only. matters should not be taken by such committee. They should look after day to day working only.

19. If there is an equal positive or negative votes on any resolution in the managing committee meeting of the housing society then what decision to be taken?

Ans: According to provision under section 27(1) of the co. operative Act. If positive and negative voter are equal on some resolution in the managing committee meeting than the chairman of the society has a right to cast his additional votes.

20. Whether the chairman have a power of casting vote or not?

Ans: As provided in the bye-laws no. 135, the chairman has got the right of casting vote.

21. Whether the decisions taken by the old committee during the period of formation of new committee are illegal or so?

Ans: Till the court is not decides such decisions are invalid they are valid. However the new committee can make charges in it.

22. Whether Ex-committee member can contest election?

Ans: Any eligible Ex-committee member can contest the election.

23. After interim committee when does the committee came into existence?

Ans: 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.

24. What is tenure of the committee?

Ans: The tenure of the committee is decided as per bye-laws of the co-operative housing societies. As per model bye laws the tenure of the committee is 5 years.

25. In what circumstance, the co. operative Housing society incorporate the member in the managing Committee?

Ans: Member are incorporated in the committee on vacant post, vacant due to the reasons of death, resignation, disqualify, dismissal of a committee member.

26. What action is taken if elections were not taken within prescribed time?

Ans: In such a situation the registrar can appoint as administrator.


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