Query of Shekhar Suvarna

I am the chairman of the building and wish to resign due to my personal reasons… Does the committee get dissolved or can anybody replace me keeping other mc members intact.

I C Naik

Going by the registration number of your housing society Model bye-laws released by the Commissioner for Cooperation and Registrar of Cooperative Societies on 2nd July 2001 (Model 2001) were registered by your society. You may please verify the same with the original set of bye-laws which the Registering Authority certified as your housing society‘s registered bye-laws.

  After I started helping co-operators to solve their cooperative related problems, I went on getting terribly frustrated towards the co-operators’ indifference to understanding their society’s own bye-laws. “They (bye-laws) merely govern the internal management, business or administration of a society and may be binding between the persons affected by them but are neither law nor do they have the force of law.” -Supreme Court of India in Co-Operative Central Bank decided on 3 April, 1969[1970 AIR 245, 1970 SCR (1) 206] http://www.indiancooperative.com/cooperative-coffee-shop/society-bye-laws-are-not-even-laws-of-land/

My frustration has attained a new peak when I received a mail of Shekhar Suvarna enquiring how to handle his proposed resignation as a chairman (due to personal reasons).  He wonders if his resignation dissolves the managing committee or it is possible to save managing committee by another member taking over the reins. Whereas he is aware of what happens if the Prime Minister resigns but not sure if that applies to Chairman. My frustration is the Chairman is unfortunately not aware of his own position in the society though amply clarified vide bye-law No. 140 of registered bye-laws of his own society. Relevant Extract: “The Chairman of the society shall have power of overall superintendence, control, control and guidance in respect of management of the affairs of the society, within the frame-work of the Act, the Rules and the bye-laws of the society.”

Registered bye-laws clearly lay down a procedure to handle Chairman’s resignation which in brief :

1.    Submit a Resignation Letter to the Hon. Secretary.

2.    Resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman.

With such dangerous level of ignorance of bye-laws it will be a huge surprise if the Chairman is aware that now the Elections to the Committee and office bearers are governed by the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 (the Consolidated Election Rules).

It is unimaginable that he is aware of following provision in the M C S Act 1960 which is in force from 14 2 2013.

(14)The committee of every co-operative society shall, –

(a)     XXX

(b)inform any casual vacancy occurred in the committee or its office bearers, within fifteen days of the occurrence of such vacancy;

Rule 74 provides how to fill casual vacancies notified under Section 73CB(14)(b) as aforesaid in accordance with Rule 74 as amended vide the Maharashtra Co-operative Societies (Election to Committee) ( Amendment) Rules, 2016. Amended Rule 74 is extracted below:

(1) In the event of the vacancy occurring on account of death, resignation, disqualification or removal of a elected committee member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurrence of such vacancies to the State Co-operation Election Authority and District Co-operation Election Officer and the vacancy shall be filled as soon as conveniently :—

(i) If half of the tenure of the committee is not expired, by way of bye-election, and the provisions of these Rules shall thereupon mutatis mutandis apply accordingly :

(ii) If the half of the tenure of the committee is expired, by the committee by way of nomination out of the same class of the members in respect of which casual vacancy has arisen in the meeting of the remaining members of the committee, which shall be presided over by an officer authorized by State Co-operation Election Authority or District Co-operation Election Officer, in this behalf.

(2) The member so elected or nominated under sub-rule (1) shall hold office so long only as the member of the committee in whose place he is elected would have held it, if the vacancy had not occurred.”

Advise:

1.   Submit your resignation as a Chairman (continuing on the managing committee ) to the Hon. Secretary.

2.   Inform about the resignation letter to the State cooperative Election Authority ( The Dy. Registrar is your Ward Election Authority).

3.   Once New Chairman is elected the Committee upon handing over the charge / records to new Chairman the Resignation becomes effective.

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