Deepak Karnani
I am a member of a co-operative society in Mumbai, Maharashtra with 270 members.
The tenure of the present Managing Committee (MC) had ended in the month of October 2014. Due to redevelopment on-going process the present MC continued to hold SGM & to short-list developer for redevelopment, which ultimately failed since there was no consensus amongst the general body, although quorum was present in both the SGM under supervision of Dy Registrar’s representative. In the entire process due diligence was done in regards to the short-listing of developers with the help of PMC.
My question here is :-
1.As per the redevelopment guidelines issued by Principal Secretary Co-op Mktg & Textile Dept dated 3rd Jan 2009; no-where it has been mentioned the course of action in case no developer is finalised in spite of quorum being formed in SGM (including the adjourned meeting after 8 days). Hence does the society still have to wait another year , before the subject of redevelopment can be taken up before any AGM or by the new to be elected Managing Committee.
2.Since the tenure of the present MC has lapsed & currently they are performing the role of care-taker; can any SGM be called & matter’s such as Major Repair or any policy decision be resolved or discussed or ratified.
I C Naik
The Society can have as many SGM as are needed. So call another SGM. There is no concept like Care Taker Committee like in Government. The extension was granted to all Committees whose term expired after 313 2013 vide Sub-Section 4 of Section 166 of MCS Act till the Elections are held by State Election Commissioner. So write to Wards’s Dy Registrar that the Committee’s term has expired.
