V.R. Ramane
I liked your statement in one of the answers to the queries, “The fact that a majority members support these members should not be a matter of worry as in India majority rules has not proved to be always right.”
I appreciate your answers. I have one query to ask.
We have had elections in my society recently. Few of the committee members elected on the panel have given their flats on lease and are residing elsewhere. I want to know whether such members are eligible to be elected as committee members. Please give me answer with reference of bye-laws/MCD Act. I would appreciate your reply.
I C Naik
Bye-laws of CHS are not the same for every society. For ascertaining correct position on rights of members access to Bye Laws is necessary. There are more than 4 Model Bye laws so far approved for CHSs in Maharashtra to select one and register. Model 1984 has a Bye law No 117(iv) (i) reading as under.
” He has, without the previous permission of the society, in writing, sub-let his flat or part thereof or given it on leave and licence or caretaker basis or has parted with its possession in any other manner or has not been residing in the flat for more than 6 months of the date of registration of the society or on society’s approval to the transfer of shares and interest in the flat to him.”
If your Society bye Law reads as above and if your Committee members fit in to the above mentioned situation, they cannot continue in the Committee. Subsequent Model has changed the above situation as under:
” he has without previous permission in writing has sublet his flat or part thereof or given it on leave and license or care taker basis or has parted with its possession in any other manner or has sold his shares and interest in the society”
You can inspect your CHS bye-Laws free of charge or can get a copy for your future reference paying copying charges.
