Housing society committee in minority.

"Our housing society managing committee is in Minority"! How? What do you by Minority? Anyhow, it is beyond the Secretary to come to such a conclusion.

There cannot be any functional vacuumm in day to day functioning of the Society. The current office bearers are obliged to discharge heir functions until alternate arrangment is constituted.

Thanks for your response sir. Out of 8 members 4 members resigned from managing committee. so i mentioned in post that managing committee is in minority i.e. not enough quorum. Secretary has informed to registrar about the same. From your response i suppose issuing a NoC is a regular function and not a policy decision so NoC can be issued by current office bearers.

Thanks again.

Since the administration of the housing society has not come to a halt and the routine affairs are being taken care by the existing office bearers, you can apply for NOC, the secretary can furnish the same, there's no legal infirmity to it.

The Managing Committee is still existing and functional despite the fact it is in minority.

Agreeing with Dr Vashista, I will add that why you cannot hold elections.  The GMB can by unanimous resolution  elect new unpooosed body within half an hour, if there is no contest. o point inbother Registrat for petty issues.

Where is the society? Laws change from State to State. If the Co-operative Society is in Maharashtra the Managing Committee is not competent to issue NOC to members for mortgaging their flats for loans.

Society is in Thane, Maharashtra. 

Provisions of law with respect to elections to Managing Committee are very confusing in Maharashtra. Generally if one or two members resign the vacancy can be filled by co-option from members who are eligible to be elected to the MC. Even in that the Government has brought many restrictions. If 4 members resign at a time it is as though the entrie committee has resigned. If the entire cimmittee resigns the approval of the general body is necessary. In such an event action should be taken by the Registrar under Section 77A of the Act. But all Government Officers are lethargic and nothing happens. There will be anarchy. 

As regards NOC for loan the Managing Committee is not competent to give it. Originally flats of co-operative society could not be mortgaged for a loan except for financing the purchase of a flat and for such loans no NOC was required. But banks do not extend loans (for any purpose) without an NOC from the society. And any Tom, Dick or Harry can issue the NOC.