M.Mehta
Our elected managing committee will conduct GBM prior to 30.09.2015.
a)Under Model Bye-Laws Sept 2014 edition-minimum strength of managing committee should be 11 members.
However total members in our society are 19.What should be the strength of our managing committee?
b)For holding fresh elections kindly advise contact details of WARD CO-OP ELECTION OFFICER to be contacted.
Our CHS is situated in E WARD,KOPARKHAIRNE,NAVI MUMBAI.
Best regards
I C Naik
Let us get one thing clearly: Unless you adopt 2014 Model Bye laws by Passing Resolution in General Body as prescribed in your registered bye laws and unless the Model 2014 are registered by Dy Registrar of E WARD,KOPARKHAIRNE,NAVI MUMBAI you have to follow your existing bye Laws. Do not by mistake look at New Model, you will be damned confused.
1.Count 5 years from the date of election of Your present Committee (even if it is 3 years as per bye laws: that is superseded).
If 5 years end on any day during the next 6 months immediately send Report in Form E2 [ Dy Registrar of E WARD,KOPARKHAIRNE,NAVI MUMBAI] as required under Election Rule 5 (2) of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.
https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf
As per these Rules No 76 Election will be ordered by the above authority. So do not worry about it once you have sent Form E and taken acknowledgment on your records.
Send list of 19 members being the voters and keep acknowledgment on record.
You have done your duty as per changed law. Hold your AGM and file Annual Return to same office.
For your peace of mind please see the following portion of Section 166(4)
“”(4) Notwithstanding anything contained in this Act, as amended by the Maharashtra Co-operative Societies (Amendment) Act, 2013, but subject to the provisions of sub-section (15) of section 73CB 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”
So till you hear further the present Committee continues in office.
