Dattatray T Redekar
Please let me know whether such a person whose name does not appear on the Share Certificate is eligible for the post of Office bearer in Co-operative Housing Society in Maharashtra State?
We need to have your opinion urgently, since the Chairman of our Society whose name do not appear on the Share Certificate and is dictating his terms on everybody since last 5 years.
Please guide me with proper legal reference.
I C Naik
The office bearer of Housing Society is elected by the Managing Committee elected by the General body of Members. Member includes Associate and Nominal Members. But Nominal member cannot join the Managing Committee. Associate can join if Bye laws so provide. None of the Model byes Laws approved by the Commissioner and Registrar of Cooperatives Maharashtra permits Associate member to join the Committee.
This is a legal position. If a person not qualified to be a member of the Committee becomes a Chairman he is liable to be prosecuted under Section 420 of the IPC as he is cheating the members. So go ahead and file FIR if there is such a person.
