I am the Chairman of a small 16-member housing Society in Andheri West, Mumbai (Regd no: BOM/HSG/(TC) 4368 of 1989). We conducted elections under govt supervision and elected a 6-member managing committee. Now one of them has left the building. Can we co-opt another member? What’s the process?
I C Naik
This is a casual vacancy. Filling up casual vacancy following is the law.
On 9th March 2019 the Governor of State of Maharashtra has promulgated an Ordinance called the Maharashtra Co-operative Societies (Amendment) Ordinance, 2019 which came in to effect at once.
Sub Section (4) of Section 154B-19 of this Ordinance reads:
“Any casual vacancy in the Committee may be filled by co-option and term of the co-opted Member shall be co-terminus with the term of the Committee.”
The Management Committee your Society can co-opt any member eligible to join the Management Committee may be co-opted to fill the casual vacancy.
The Ordinance has inserted an exclusive chapter applicable to Cooperative Housing Societies only. There are many provisions
154B-10. (1) A Member shall be entitled to exercise such rights as
provided under this Act, rules and bye-laws.
(6) The Associate Member shall have right to contest the election to the Committee with prior written consent of a Member.
Note that this Sub Section supersedes Bye-law No 27 which reads as under: 27. No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.
Section 27(2) reads as under:
(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 the right to vote.
The meaning of Bye-law No 27 read with Section 27(2) is Associate member of your CHS cannot join the Committee.
But 154B-10 (2) of the Ordinance supersedes Bye-law No 27.