Query from Nilesh Parekh

My name is Nilesh Parekh and I am staying in Mumbai, Maharashtra. I have one query regarding election procedure in Co-operative Society.

One of the Society in Mumbai is having 30 members. Society Committee election has not taken place for last 10 years. This is due to the understanding as given to society members that there is no clarity whether Co-operative Society Amendment Act’2013 is applicable to small societies.

Sir, is it correct understanding? If not, then what consequences society will face if it has not complied with election process?

Also, kindly let me know the process to be adopted for election of committee members for such small societies.

I C Naik

I hope your Society has a managing committee elected may be years ago. Cooperative Society can be  registered by 10 members belonging to ten different families. So housing society having 10 members also needs a Committee to handle day to day matters.

Prior to the Constitution (97th Amendment ) Act 2011 coming in to force 14 2 2013) election to the Committee was being conducted every three years as laid down in the Election Schedule approved by the Registering Authority and attached to registered bye laws of the concerned housing society. Locate the original registered bye laws which bears the evidence given by the Registering Authority that these are the registered bye laws of your housing society.

Now what you have to do is to inform the Deputy Registrar of your ward that your housing society would like to elect a new managing committee  as per the MCS Act 1960 post the Constitution (97th Amendment ) Act 2011. He will do the needful.


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