Can an associate member whose name is in the share certificate can stand for election in a co-op hsg society in Mumbai?
I C Naik
Joining Management Committee of a CHS is a prerogative of Member whose name is first on Share Certificate. A person whose name stands after the first name is an Associate Member. As allowed under Section 26(2) of MCS Act 1960 if Bye Laws of the CHS allows Associate Member to join the Committee he/she can join the Committee by contesting election. None of the Model Bye laws as they are approved do not make this enabler bye Law. On the Contrary all Models restrict the right of Associate to voting in General Meeting if the 1st named member is absent.
