Query of Pravin C Pawar

We are a cooperative housing society in Pune , Maharashtra having  56 members with an MC of 7-elected members on 06.11.2011.

During the last year  – we have resolved (In a duly called  AGM dt 15.08.2015) for redevelopment of the society ( all members have given NOC)and formed a redevelopment committee ( tenure till the work gets complete) to look after the redevelopment work including the signing of MOU and development agreement.

The  process of selection of developer was finalized in a Special AGM called on 28.02.2016.

As the tenure of existing MC is getting over by 05.11.2016, please advise / suggest on following

1. We have a  AGM called on 25^th of Sep-16 = to discuss the development work / audit report and election of new MC
2. Can we have an extension given to existing MC- keeping in view the redevelopment work. if yes, what is the process.
3. What is the upper age limit of a MC member.
4. In place of election , Can we have a new MC selected – with consensus from 2/3^rd of the members in the AGM.
5. Can we co-op a member on MC ( even if he has 3^rd child after September -2011)
6. What would be fate of existing redevelopment committee- if a new MC is elected.

I C Naik

First of all you have to immediately file form E2 (appended to Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.

Form E-2

[See Rule 5 (2)]

Form of report to be delivered by the committee of the society 6 Months before of the expiry of the period of the committee of the society.

Find the above on following URL

http://bombayhighcourt.nic.in/libweb/rules/MahCoOpSocyElectiontoCommitteeRules2014.pdf

Now every housing society has to register its basic data on line on the Registrar’s Web Site. So prepare E2 and meet any Sr Officer in the Office of the Deputy Registrar where your housing society was registered. The last date of submitting this E form was 5 5 2016. But delays are liberally treated, so do not worry about that.

No Election by the Society as was done so far.

The State Cooperative Election Authority will take its own time to send you election program. Till the new Committee is elected the present Committee continues working the same way as at present.

There is no age limit for member of Committee.

No relaxation in number of Children which disqualify a member to join Committee.

“Redevelopment Sub-Committee’ is not envisaged in the mandatory Redevelopment Directions issued under Section 79A of the MCS Act 1960. This process is driven by Secretary Architect  and Project management consultant and with consent on all important members in general body meeting specially convened with 75% Majority. So elections do not matter.