My co-op housing society is located in Pune, Maharashtra (non MNC) area. I’ve two queries and will be thankful for your advise/clarification.
1.Our society has 650+ members but only 60-70 members remain present in AGM as most of others are placed in other locations due to work assignments.
Most of resolutions are passed without much deliberation due to this. MC mentioned there is no option for “E-voting” as per law.
Can you please advice on above situation?
2.Currently MC is having 10/19 members as others have resigned for various reasons. MC says they don’t have enough bandwidth to carry out all activities (though few society members are volunteering on need basis). Some of resident members are willing to join MC but MC says, bye elections are suspended currently by Registrar/Govt.
Can you please advise whom to approach on this?
I C Naik
Very few Committees may be aware that the Constitution (97th Amendment ) Act 2011 has mandated States to amend their cooperative laws to provide interalia a minimum level of obligatory participation of members in Cooperative Society matters namely ; in economic activities and in general body meetings. As such the MCS Act 1960 provides for a minimum attendance of 1 meeting by every member in a continuous period of 5 years. A member failing in that has to be classified as non-active member and is not eligible to join the committee as also looses voting right in general body meetings. If he fails to attend a single meeting in next 5 years he is liable to be expelled from the membership. The first batch of 5 years started on 14 2 2013. When the next general body meeting is convened this information should be given wide publicity.
Resignation of a member causes casual vacancy in the management committee. The State Cooperative Election Authority has vide circular No J.C. SCEA/dept-10/Section 73 AAA (5)/vacancy/2015/7952. Date: 19/9/2015 accepted that there is a goof up in handling casual vacancies in Cooperative Societies.
https://www.indiancooperative.com/lawslegislations/vacancies-in-co-op-rules-move-in-circles/ posted on 9 11 2013
https://www.indiancooperative.com/cooperative-coffee-shop/casual-vacancies-in-mc-of-housing-co-ops/ posted on April 12 2016
It appears the ban by S C E A still continues.
Suggest you examine applicability of a Proviso to Article 243ZJ(2) namely
Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.
This supersedes all provisions and also the S C E A circular.
