Venkiteswaran Iyer
Your guidance solicited on the under mentioned doubts.
Query no. 1
(A) In respect of a case where an Associate Member is not a part of the Agreement for purchase relating to the flat, would a properly Notarized Sworn Affidavit cum Declaration duly given by the original, active member to the effect that his/her consented Associate member (though not a part of the Agreement for purchase) has contributed monetarily in purchasing the concerned flat hold good enough to serve the purpose to qualify as an associate member as per the new directives issued under Section 79 (A) of the Maharashtra Co-operative Societies Act, 1960.
(B) Can transpositioning of the order of the names as appearing on the share certificate be done by the Managing Committee of the Society on receiving a request from the member through a normal letter or through Notarized Stamp paper?
Querry no. 2 is in the context to the proviso to Rule 20 of the Maharashtra Co-operative Societies Election to Committee Rules, 2013 (Published in the Maharashtra Gazette on 20-8-2013) reading as under:
“Provided that, in case of joint or associate members, only the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. (to the managing committee)”
I C Naik
A member can become an Associate Member by making application therefore in a prescribed form under Bye Laws, with approval of the Original Member. His name need not appear in flat purchase agreement.
Transpositioning of name is not permitted. If it is very necessary transfer procedure has to be followed.
New Election Rule does prohibit a member from contesting elections of Committee if he is not one of the purchasers.
Bye Law permit Associate to contest election subject to Original Member giving consent and also undertaking not to participate in Committee’s affairs.
Rule being superior to Bye Laws the Associate having not his name as a purchaser of the flat can not contest election.