Ashfaq Patel
Last year i.e on 9th Sept, 2013 we had our AGM where 7 committee members resigned out of 9 members. As a result, in the meeting members insisted to dissolve the committee and form new body as only 2 members were left. Thus the committee was dissolved.
In the AGM itself we decided to select new members but the numbers rose to 19 as many of them wanted to become managing committee members and soon a chaos prevailed in the meeting. Thus we decided to have selection through ballot in next week which was done in right earnest and the result was declared immediately after the counting.
One member who has not resigned from earlier committee was also in the race and he lost or came last secured less votes.
We handed over the society to the new committee elected/selected as per ballot after doing the usual procedure.
After one week the new committee got a letter from registrar on complaint from the earlier member who lost the election/selection that the new body is illegal as per the 97 amendment though we have not adopted the new bye laws of 2013 nor taken any SGM for that.
Sir, kindly guide on this as the matter is still pending and the society is managed by the new committee from last year and the member who lost is harassing the new body every now and then.
I C Naik
Carefully note the following facts under the M C S Act 1960 which governs cooperative housing societies in Mumbai also.
1.The Maharashtra Cooperative Societies (Amendment) Act 2013 came in to effect from 14.02.2013 has a new Section 73CB(1) reading as ” The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
2.Section 73CB(15) reads:” Notwithstanding anything contained in this Act, the rules or the by-laws of any co-operative society, the election to the committee and consequent election of the office-bearers which is due on the date of commencement of the Maharashtra Co-operative Societies (Amendment) Mah. Act, 2013, or may become due after such date, until 31st March 2013 shall be held before the 31st December 2013.”.
3.As published in the gazette dated 20.12.2013 the Maharashtra Co-operative Societies’ (second Amendment Act, 2013) changed date “before the 31st December, 2013? by “before the 31st December 2014? and pushed the elections further by one year. Now less than two months left.
4.New sub-Section 4 of Section 166 of the M C S Act 1960 has given indefinite extension to all committees tenure of which expires any time after 1-04-2013.
5.On 19-08-2013 the State Government issued draft of “The Maharashtra Co-operative Societies Election to Committee Rules,2013.” Which replaces all election Rules pertaining to cooperative societies. These draft Rules were to be finalized after 6-09-2013. [Finalization is pending]
6.The Maharashtra Co-operative Societies Rules, 1961, (Draft Rules) were issued on 22nd November 2013 and were notified to be finalized after 31.12.2013. [Finalization is pending]
7.The head of SECA has yet not been appointed who is to organize all elections to cooperative societies in the State including election of Office bearers.
The above factual account on legal front is an eye opener for any sincere cooperator as to the level of irresponsibility that can be demonstrated by those who are the most responsible to take care of cooperatives and ensure that the Cooperative Movement grows. If this blatant dereliction of duty is any lesson for cooperators is that PLEASE DO NOT QUARREL AMONG YOURSELVES and run your cooperatives on co-operative principles – considering that, they are the law which govern societies. I sympathize with the Registrar who could not guide you, as the Politicians have robbed them all of any capacity to guide the cooperatives in any meaningful way.
The new Government especially the New Cooperation Minister has a herculean task to rescue the dwindling confidence of the cooperatives in the State Administration which once upon a time lead the State in to a leap frog Cooperative Movement in the whole country.