K V Hariharan
I am part of a management committee of housing cooperative in Delhi. Elections are due this week and the management committee had announced elections for the post of 9 members(2 reserved for women), 1-President and 1-VP.
Since most of your answers are MCS related, I am giving a brief of the relevant sections, though I am sure you must well aware of all societies act, hence please do not think otherwise.
Section 34
General body shall appoint a committee as prescribed or in accordance of the bye laws of the society and entrust the management of society to the committee.
Bye-laws of our society reads as:
Management Committee shall consists of minimum 5 members and maximum of 15 including 1 President, 2 or more Vice Presidents…2 member posts shall be reserved for women.
I am not referring to other points like, that he/she should be of atleast 21 years and unsound mind etc……of course the 21 years should also be changed now.
My question
The MC felt that it is very clear in the byelaws that the strength of the committee can be 11 because it is already part of the bye law which much have been approved in any of the past AGM and also recorded with Registrar. However, few members are raising questions as to how MC can announce elections for 11 posts(9 members +1President +1 VP)…………..their claim is that MC does not have power only GB has the power to increase the strength of MC from the current 5 to what we have announced for 11 posts.
Would be grateful if you can provide your views on this or if there are any case laws which can be referred to.
We did this with good intent that more hands to work for the society, however, some of the members are objecting to this.
I C Naik
Mr. K V Hariharan is a member of the management committee of his housing cooperative in Delhi. Elections to the managing committee are due and as such the election program is announced but there are differences of opinion on the strength of the management committee and hence a stalemate.
The Constitution (97th Amendment) Act 2011 (the 97-CAA) has inserted Part IXB: The Cooperative Societies containing AA 243ZH-243ZT.
Relevant Articles to find answers are
AA243ZH (c ) and (h), 243ZI,243ZJ, 243ZK, 243ZL and 243ZT
The text can be accessed from http://indiacode.nic.in/coiweb/amend/amend97.pdf
These Articles contain certain mandates for States to amend their Cooperative Societies Acts for certain basic matters including constitution of the managing committee of the elected members by elections to be conducted by the State Cooperative Election Commission to be constituted (ideally before 14 2 2013), strength of the Committee being maximum of 21 plus two Expert Directors etc.
The process of elections as was done so far stood withdrawn on 14 2 2103 and is vested in the State Level Commission.
So not that it is so provided but as a caution, inform the concerned Dy. Registrar of the expiry date of the tenure of the present Committee and await instructions. Till then carry on as care taker Committee.
By Chance if the tenure of the Committee as per your bye laws was less than 5 years then it got extended to 5 years fro the date of elections last held.If that is the case you are lucky. You can co-opt two expert directors.
