K.S.Gaikwad
An Associate Member can participate in election should mean he is eligible to file nomination as clarified by SCEC.
a].Second Provison to Rule 20(1) of Election Rules is relevant to this.
QUOTE: Provided further that, in case of associate members of co-operative housing society and cooperative premises society, the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. In absence of such person whose name stands second as associate member 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 not a minor shall be eligible to be nominated as candidate for the election. UNQUOTE
b].This text is verbatim picked up from Section 27(2) providing for the voting rights in the general body meeting. The draw back in this Rule is bypassing provision of Section 24(2) which provides that
QUOTE: “an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.”
c].It is very clear that as per the Act the Associate member can contest election only if the Society has conferred such right under its bye laws. Every housing society has Bye-Laws registered based on either of the Model Bye-Laws approved in 1984 or 2001 or 2009, All these Models have a Bye-law (25) restricting rights of Associates in these words: QUOTE: No associate member shall have any rights or privileges of a 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 the 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 right to vote.
Society Bye-laws, Rule no 118,[v] stipulates No person shall be eligible for being elected as member of the committee or co-opted on it , ‘In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member.
Section 27[2] of MCS Act 1960 conflict with proviso of model society bye -laws no 25 and bye-laws no 118[v].Also conflict with 20[1] of election rules.
In view of the above observations you are requested to please guide us as to
1] Weather an Associate member can contest the election of the co-op housing society.
2] Also weather a member who has connected the two bed room flats and a member who has illegally constructed a structure on terrace without permission of PMC are eligible to contest the election of the housing co-op society.
I C Naik
Section 24(2) enables a society to confer under Bye Laws powers to Associate Members. Unless this is done he has power only to vote in General Body Meeting where main member is absent. That is the law and you have given a detail answer already. Rule 20 is illegal, Bye law 118 is illegal. Unfortunately Registrar’s office also approves bye laws which are contradictory to Provisions of the Act.
The other question requires committee to hold him guilty of breach of bye laws and inflict penalty by a general body Resolution. His nomination can be rejected if violation of bye laws can be proved by documentary evidence and upheld in General body. Such member can be expelled from the membership by adhering to due process of law.