I’m the Chairman of Poonam Sagar Cooperative Housing society (MIRA ROAD).
On September 30th 2019 the existing Managing Committee was dissolved. It was passed in the meeting till the new committee is formed the existing committee members will run the day to day functioning of Society.
The Treasurer had resigned during this period. During this dissolution of the existing Committee the Secretary has still appointed a Treasurer for which the Chairman didn’t agree and there is also Forgery of Chairman signature done on Agenda of meeting when the Chairman was in hospital.
Now the people residing in the Society have given a letter to call SGM.
But the Secretary and other members of the Managing Committee(excluding chairman) are delaying the process of either not attending the meeting or trying to avoid the meeting.
The Secretary and Treasurer don’t respond to letters and are not ready to leave the post. As a Chairman I also asked to have a look at the Minute book but not ready to show the same .
Other members in society who are residing in the complex have given new names to Chairman for creating a new managing committee in which none of the previous names are there including me which I’m good at .
The members of Society don’t want to involve the registrar and want a smooth functioning of society. How can we form a new Managing Committee without getting in legal process and without involving the Registrar.
P.S: Secretary is a ex mayor of Mira Bhyander (Nirmal Savle)
I C Naik
Dear Sapna
I am sorry to see you struggling to do some good for the community in the midst of turbulent times of MAHA-Cooperative Housing Society management.
Turbulent times” is in terms of a zero support of the MAHA-CHS regulatory regime: The Cooperative Department of the Government of the State of Maharashtra a pioneer state in steering cooperative movement and especially for housing societies.
You may be aware that on the 23rd July 2019 (MAHARASHTRA ACT No. XXIII OF 2019) an exclusive chapter “CHAPTER XIII-B CO-OPERATIVE HOUSING SOCIETIES” has been inserted after Section 154A in the MCS Act 1960 with retrospective effect from 9th March 2019. The rules to give effect to the provisions of this new chapter which are aimed at creating ease for Housing Society management are not framed by the State Government so far. So most housing societies carry on their management the same way as was being done in the past several years. If there is any breach also it would go unnoticed. In this situation it is safe to adhere to the requirements of the registered bye-laws which are in force (Section 2(5) of the MCS Act 1960). The bye-laws are also not in complete sync with regulatory regime requirements as the model has been so far released by the Cooperative Regulatory Regime recommending changes in the MCS Act . The only guiding principle seems to be to follow the cooperative principles with full agreement of all the members if possible, or at least higher than 75% majority. This principle is relevant because bye-laws in consistent with provisions of the MCS Act or Rules made there under are not valid for the concerned MAHA-CHS . If any decision of the MAHA-CHS is questioned by any member the correctness thereof will be decided by the competent authority in accordance with the applicable provisions of the MCS Act and the Rules. There are seven cooperative principles but if the following is adhered to there may not arise any major issue: Democratic Member Control.—Co-operatives are democratic organisations controlled by their members, who actively participate in setting their policies and decision making. Elected representatives of these co-operatives are responsible and accountable to their members.
For irresponsible behavior of the office bearers the Committee can remove the member of the Committee from the Committee by passing a no confidence motion as per procedure set out in the registered bye-laws.
If you still have a question please do let me know. PLEASE INFORM THE IEAR OF REGISTRATION AND THE NUMBER