Our treasurer died in the month of April 2016. Our society has not adopted the New Model Bye Laws.
The existing Managing Committee has co opted one member by making resolution in the MC meeting and made him a treasurer. The term of the MC is upto 31-3-18.
My query is – can MC co opt a member and make him Treasurer without following new process of Election as per Section 73CB OF MCS Act?
I C Naik
For such specific questions my response can lead to wrong conclusions unless full facts are given.
For example I have to assume that your Committee was elected on 31 3 2013 because it completes its term of 5 years on 31 3 2018.If this is so then your committee has served The Committee has coopted a member and made him Treasurer on September 1 2016. Committee has served 17 months in office i.e. it has yet to serve for 19 months I,e, more than half the tenure is yet to lapse. Committee is allowed to fill up casual vacancy by co-option only after it housing society served more than half year. Your Committee was supposed to communicate the fact of vacancy with 15 days of occurance to State Cooperative Election Authority and not fill up the vacancy by cooption.