Suru Shetty
Dear Sir Mr. I C Naik
We are 36 members Housing society situated in Mumbai constructed by MHADA in the year 1956 and which was later allowed to purchase on ownership from 1988 and now our society is falling under D category housing society after 97th constitutional amendment in cooperative law
Since 2002 onwards till last election conducted (April 2015) by Ward level officer under the control of Demitted member of the MC for non-compliance of the M-20 bond as per section 73 (1) (A B) read with rule 58 A of Maharashtra Co-op Act 1960 since 2002 by the elected MC members.
In view of the above my 3 questions are hereunder need to be addressed for my clarification:
1.Whether act of Deemed disqualify MC is challengeable under the Law?
2.Whether the Election conducted under control of demitted MC is Valid and Challengeable?
3.Whether the Act of such demitted MC members including the Redevelopment process undertaken by the MC prior to Recent election in the year ( April 2015) is questionable in the eyes of law even after its 90 days of time limit?
Hope your will clarify the issue for betterment of cooperative movement
I C Naik
The consequence of non-execution of M20 Bond was restricted to automatic cessation of Membership of the Committee of that tenure. It has no futuristic consequences.
Election under Ward officer’s supervision is valid.
It has no adverse effect on redevelopment, the reason being redevelopment is at the will of over 90% members and not as per one Member.
I give responses to genuine cooperators to help them better manage their societies either through answers to their own questions or through answers to questions posted on this portal. I consider this approach has much more effective as compared to one to ne responses either through mail or in person. I hope you will appreciate my approach and will not hesitate to put any questions through this portal. This way more cooperators are able to join in the development of the cooperative movement.
