Kishore Chavan
My Society MC has called a SGB Meeting on 29th of this month, stating only “ORIGINAL MEMBER” shall attend the meeting. Request you to please guide me in this context.
I had applied for “ASSOCIATE MEMBERSHIP” in the year 2004 along with covering letter from my mother that she cannot attend any meetings of Society,in future due to her ill health. Hence requested the society to admit my son as an “ASSOCIATE MEMBER”. I have already filled the required Form and Rs.100/- as admission fees towards ASSOCIATE MEMBERSHIP. That time committee has accepted the request and admitted me as “ASSOCIATE MEMBER”.
Further in the year 2006.-2011 I contested for the Society Election and was at post of Treasurer. After 5 years I was Chairman.
Last year 2017 again the Election was conducted and I was STOPPED from contesting election, stating Associate Member do NOT have right to contest for Election.
Is there any such Amendment in the ByeLaw?
Now my query is can they Secretary STOP me from attending the meeting,( and any future meetings) when I have fulfilled all the related documents in the year 2004.
(My mother is 80 years and cannot attend the meeting, and does NOT have any knowledge of Society Bye-Laws). Secondly is there any NEW AMENDMENT IN THE BYE LAW. (The Society has NOT ADOPTED THE NEW BYE-LAW) .
There are few others who are also “ASSOCIATE MEMBERS”
I C Naik
At the outset, let me clear the wide spread misunderstanding prevalent (Cooperative society Department is also included) that Associate Member can join the Management Committee either through election or co-option, by getting NOC of the main member in a prescribed form [10A] as per Model bye-laws 2001,2009 and 2014.
The position in law is as under:
Section 24(2) [extracted as relevant] provides ….”an associate member, may, 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.
Bye-Laws of all Models (1984-2014) has one Bye-Law which reads as under:
Bye-law No. 27 of Model 1984, bye-law No. 25 of Model 2001, 2009 and 2014 provides:
“No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
Section 27(2) of the Act:
“Where a share of a society is held jointly by more than one person, 2 [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 the right to vote.”
Your being on the Committee and office bear was not supported by law.