Karthik Iyer
Ours is a 9 member managing committee in Maharashtra of which 1 member has resigned.
We wish to remove the chairman & secretary of the committee as 6 out of 8 members have agreed that there is no co-ordination between them. How can we remove them without involving the registrar?
I C Naik
My first advice to member of cooperative housing societies having any question about your membership right and its management, is to exercise your legal right to peruse or get certified copy of Bye-Laws (Costing around Rupees 100) conferred under section 32 of the M C S Act 1960 reproduced below.
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.
If you have difficulty in interpretation please narrate your difficulty and you will be in a much better position to solve your questions.
RESPONSES TO QUESTIONS
1.There is one casual vacancy on the managing committee which can be filled up by co-opting an eligible member provided the committee’s 5 year tenure has remaining tenure of less than tow and half years. Otherwise as per Rule 74 of the Maharashtra Co-operative Societies Election to Committee Rules, 2014 “the Chief Executive officer of the Society shall forthwith communicate the occurrence of such vacancies to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of the Act “ Await further instructions from the office of the S C E A.
2.The Chairman and secretary of cooperative housing society can be removed by members of the managing committee as provided in Bye-Law No 126(a), which says “Motion of No Confidence’ is moved in the special meeting of the committee called, and presided by the Registrar or such officer not below the rank of Assistant Registrar upon the notice given by 1/3rds members of the committee and the motion of ‘No Confidence’ is passed by 3/4ths members present at such meeting, having attendance of at least 2/3rd members of the committee. In other words
a.Three committee members should send a written notice to the Registrar to hold a special meeting of the Committee to consider no confidence motion against chairman and or secretary.
b.At this meeting 2/3rd (6 members) of the total strength of the managing committee must be present.
c.Out of the members voting on the motion 3/4th (5 members) must vote in its favour.
