Query of Shanmuga Nathan

Our Housing society managing committee is in power since 2009 when it was elected. I believe the tenure at that time was for 3 years. Somehow no election has been held since then and going by press reports in 2012-13, the tenure of MC has been extended to 5 years. Thus it should have demitted office by 2014 at least, but still continuing. Please advise me what to do? If I write to the registrar will the MC be dismissed?

I C Naik

Dear Shanmuga

I assume that you and your society are in Maharashtra.

 After 14 2 1913 all Elections to all cooperative societies are to be organized under the supervision and orders of State cooperative Election Authority. Every managing committee is statutorily required to inform S C E A about Election to Committee 6 months before the Committee in office is to complete it tenure of 5 years. Having done so pursuant to new Sub-Section 4 in Section 166 “the committees of which the elections become due after the 31st March 2013,shall continue till the elections to such societies are held under the provisions of this Act as amended by the said Act.”

That is one harmless scenario.

The other possibility is that as an accidental omission if the Committee failed to inform THE STATE COOPERATIVE ELECTION AUTHORITY about expiry of its tenure it can do so now. The Ward Election Officer who is generally the Dy. Registrar of the ward will appoint one of his assistants an election office to hold elections.

If you have reasons to believe that the Committee has willfully avoided informing S C E A you can inform the Dy. Registrar to authorize one of his assistants to take over the management of the society from the Committee and announce elections also. Upon expiry of six months this officer’s authority comes to an end.

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