Fayyaz Upadhey
We have property in a co op hsg on our joint name number one is brother A and number two holder is brother B. society body is saying second holder cant attain the meeting is it correct. If so can A give power to B to attain meeting as active member. Kindly help me by tomorrow as my meeting is there day after tomorrow.
I C Naik
The answer is late but may be useful for future or to confront to ignorant Secretary.
The Associate member’s right to attend General Meeting is provided under Section 27(2) of MCS Act but Secretaries of many C H Ss refuse to read the Act. Now the Model Bye laws 2013 (draft) as posted on the official website of Commissioner and the Registrar of Co-operative Societies Pune provides a right answer:{ All earlier Model Bye laws also provide the same little differently.
Bye law No 25 reads as under:
No Associate member shall have any rights or privileges of an Active member except as provided under Section 27(2) of the Act. i.e. where a share of a society is held jointly by more than one person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.”
Show this text to the Secretary and ask for Copy of the Act and read together Section 27(2) thereof, be active and aggressive to assert for your rights.