G Radha
I am the secretary of Premier Emperor CHS Ltd, Mumbai. Our society and the First Statutory meeting held on 27.04.2014 and builder handover the society on 27.04.2014. As per the rules our MC members is provisional committee and it is valid for One year. That period is ending 31.03.2015.
Meantime our chairman is opposite side and he requests the MC to call the election and he threatening the MC and he has the right to dissolve the committee. We the mc members not resigned and how the chairman will dissolve the committee.
What is the election rule and procedure? Kindly update.
I C Naik
Your Society has come up when Maharashtra Cooperative Management regulations are in an unprecedented flux.
The State was supposed to place a machinery to conduct all elections to the managing committees of cooperative societies in the State w.e.f. 14.02.2013. Unfortunately cooperatives seem to have been getting a step-fatherly treatment all over the country and currently at its worst in Maharashtra.
The State Legislature has made a provision which is unconstitutional despite every MLA taking an oath in these words. “I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.”
The Constitution as amended giving one year’s preparatory time to the States, the State of Maharashtra is yet to appoint State Cooperative Election Commissioner {SCEA} a State level Authority to be appointed by the Governor is still vacant. This post should have been filled up well before 14. 02. 2013. This vacancy is unlikely to be filled by present Government of Maharashtra as new Assembly is to be elected by October end. The unconstitutional provision is in Sub-Section 4 of Section 166 which says “the committees of which the elections become due after the 31st March 2013,shall continue till the elections to such societies are held under the provisions of this Act”
Tenure of Provisional Committee is now extended infinitum i.e. Till the elections to your society is held by State Cooperative Election Commissioner.
There is no concept called dissolution of Committee. It is not Parliament or State Assembly which can be dissolved. Its fixed term expires and new elected members take over. If a person resigns the vacancy is filled by co-option. This co-option under amended Cooperative Society Law is exercisable only when less than half the tenure is left. Otherwise SCEA has to be informed to hold election to fill casual vacancy.
My suggestion is well meaning members of the managing committee (1/3) should approach the the Registrar with a written request to call meeting of the managing committee to discuss No Confidence Motion against the Chairman. This provided as under in Bye-Law No 127
Provided that he shall cease to be the Chairman, or as the case may be the Secretary of the society or Treasurer of the Society if the 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.
As yours is a new society you have to establish norms of conducting the Society at very high level of standards on one hand and State Establishment responsible for cooperative societies of the State is in disarray, you can ill-afford internal quarrels. If you must somehow nip the bud of trouble as soon as possible.