In our society a flat is jointly owned by wife and husband.The husband an associate member, has always been a trouble making person and now wants to become office bearer.
As he is not liked by many and has some bad record (financial misdoing) also in his previous society, what remedies are there to curtail his aspirations?
I C Naik
Associate Member’s right is restricted to voting general meeting in the absence of main member as per Section 27(1) of MCS Act 1960.
Section 24(2) allows Societies to empower the main member to confer any or all of his/her rights to Associate member to the extent registered bye laws of the Society has specified in its registered bye laws. As far as ALL the Model Bye Laws are concerned none of them allow main member to confer any of his her right to Associate, except that as provided under Section 27(1) as aforesaid. Read more…
https://www.indiancooperative.com/cooperative-coffee-shop/new-state-co-op-e-c-confuses-further/
ALERT
You are likely to face an embarrassing situation as Election officers accept Nominations of Associates in defiance of Bye Laws because of Clarification by Commissioner which is not in conformity of law. You will have to be ready to contest it before the Election officer and register the protest in writting with a copy to Dy Registrar of the Ward. Poat election this protest has to be followed by election dispute petition as provided under Rule 78 of the New Election Rules reading as : 78. Election disputes.—No election shall be called in question, except by an election petition presented to the Co-operative Court as laid down in section 91.