D R Rao
I am joint holder of a flat in Mumbai in a CHS. First name is my wife and next is my name. The MC of the CHS says in writing that “only first named member/associated member will be eligible to sign the AGM attendance register and vote. Will you please give your opinion on this?
I C Naik
This is one of the few critical aspects of Membership in C H S in Maharashtra.
Indiancooperative.com has posted several tags on this topic. Unfortunately members are not taking trouble to read them let alone digest them. The questions received these days are all answered in one way or the other. Answers to genuine questions are all there.
ASSOCIATE member is misunderstood as automatic successor and this is a common sense approach like a Joint holder of Account in Bank. But in MAHARASTRA especially in CHS it is badly and inefficiently handled matter confusing lay members and driving them away from taking interest in Cooperative Law, if your CHS has its registered bye laws based on 1984 Model Bye Laws , yes your MC is right. Not because of Amendments and in that MC is wrong.
If your CHS has bye laws per 2001 model or 2009 model MC IS WRONG bye-law No 118 has a clause (v) which qualifies an ASSOCIATE Member to contest election to MC or to be co-opted by MC to fill casual vacancy upon the Original member giving consent for that and execute an undertaking that he will not take part in any activity as a member as that will now be the right of ASSOCIATE member.
Thereafter he is as good as original member.