We read about the expected Ordinance exempting small cooperative housing societies (below100 flats) from the provision of holding elections under the guidance of the Registrar of Co-op Housing Societies, Maharashtra. We would like to know the current status of the said ordinance.
Ours is an extremely small society of 19 flats and 17 members. Many members do not live in the society and Office Bearer positions are never contested. 2 years ago, the then Secretary had resigned and another person was brought in her place (proposed and seconded by existing MC members and decision ratified by GB). Now, we have learnt that the re-constituted committee is invalid and elections must be conducted. We were about to approach the Registrar when we read the Mumbai Mirror Report about the said exemption.
We are not sure that the existing committee can continue until elections are held. The General Body has agreed to the continuance of the present arrangement. Request advice or contact with someone who can provide advice.
Our Society Registration Number is Reg.No.Bom(W-G/S) HSGJ(TC)/66773/97-98
I C Naik
Information as per Para 1 of your mail is about the State Cabinet’ decision. For giving effect in accordance with law must be under examination of the State Legal Department.
Nothing much should be expected too happen too soon. Read my post on following URL.
The casual vacancies in the Committee or in office bearers are also to be filled up under close supervision of the S C E A.
Your Society Registration Number Bom(W-G/S) HSGJ(TC)/66773/97-98
Maharashtra suggests your society’s registered bye-laws are as per Model 1984.
As per Section 73AAA(1) the strength of the Management Committee of your society is 5 [quorum 3] corresponding to bye-law No114. These 5 members must eligible to contest election and must be those whose name appears 1st on the Share Certificate. Bye-law No. 27 restricts the right of Associate to attending the General Body Meetings where main member was absent.
The Strength of the Committee is supposed to vary as follows:
- Provisos in Section 73AAA (1),3 Additional seats [Non-Voting in election of office bearers] in addition to strength fixed as per Bye-Laws. Two experts are Honorary and One paid Functional Member
- Reservations of 2 seats which are gender based and 3 seats which are cast based i.e. Total 5 seats out of the prescribed strength as per Bye-Laws.
Controversies observed in few elections held in the recent past under the State cooperative Election Authority.
The Returning Officer deputed by The S C E A seems to have been advised that all co-operative housing societies must go for the committee’s strength as laid down in a tabular format under bye-law No. 115 of 2014 Model (whether the society has adopted Model 2014 or not).
As regards reservation of seats there are two issues:
- Cast based reservations of 3 seats are in conflict with Constitutional Provision as laid down in the following proviso to Article 243ZJ(1):
Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons.2) The
- As per Article 243ZT the proviso quoted above supersedes reservation of 3 seats made by State Legislature u/s 73B.
- Yet another irrational interpretation on the reservations as communicated to Returning Officers by S C E A is that if the reserved seats are not contested (may also be because the society’s membership does not have members of the reserved category) will lapse thus reducing the total strength of the Management Committee as fixed under registered bye-laws by such un contested seats which may be as many as 5.
I suggest you apply these above to your society’s situation and if there is any question do write to me.
