Uday Amrutkar
After dissolving the provisional committee in 2012, our society elected a new committee consisting 7 members (out of 84 flat owners) during Annual General Meeting (AGM).
During the AGM 2013, one member from the formed committee was ceased due to his failure to attend the monthly meetings & the other two members (Secretary & Treasurer) resigned from the committee. In view of this –
(1) Whether the committee should be dissolved & go for fresh elections?
(2) Whether the remaining 4 committee members can co-opt the three vacancies? Do co-opted members have the rights to vote in Committee meetings?
(3) Is it mandatory for the Society to adopt amendment s of MODEL BYE-LAWS OF CO-OPERATIVE HOUSING SOCIETY 2013 now?
(4) If fresh elections are held now, then is it required to increase the strength of committee from 7 to 11 as per Sec. 115 of MODEL BYE-LAWS OF CO-OPERATIVE HOUSING SOCIETY 2013?
Please guide us.
I C Naik
Your Society is one of several housing societies in Maharashtra which are victims of criminal apathy on the part of Department of State Of Maharashtra namely Department of CO-OPERATION, MARKETING AND TEXTILES.
The Loksabha Elections and ensuing Assembly Elections have got such a high priority that regulations of Cooperatives have gone to toss. The housing societies have to be on their guards. May be it is a blessing in disguise that there is zero interference from Politicians and bureaucrats an unprecedented pleasant situation.
That calls for a high level of sincerity on the part of members of housing societies. Your main objective is to see that the amenities and services to residents flow uninterrupted. Even if you follow no laws as long as members have no inconvenience in their daily chores no member will find fault. That will be the order for some more months may be till March 2015.
So in the meanwhile assume that there is no law in place as the machinery regulating cooperative society law is busy has been diverted to politics.
With this background my best possible answers to your questions are :
1.The committee should not be dissolved as Sub-Section 4 of 166 of the M C S Act 1960 has extended tenure of all committees ad infinitum till State Cooperative Election Commissioner is appointed and elections are conducted.
2.The remaining 4 committee members should co-opt members to fill three casual vacancies. Position of three co-opted members is no different from the 4 existing members.
3.It it not mandatory for the Society to adopt amendments as per MODEL BYE-LAWS OF CO-OPERATIVE HOUSING SOCIETY 2013.
Read more about it on
https://www.indiancooperative.com/cooperative-queries/tired-of-hearing-about-new-bye-laws/
4. Keep the strength of committee to 7. If it is possible co-opt 2 women members in three vacancies and co-opt two knowledgeable senior members as additional members making it a total of 9 members.
Make sure that housing society works smoothly and do not be over conscious about cooperative society law.