Shailesh pandey 30 December 2018

Position in Co-op Housing Society

Sir...self been the member of society located in Mumbai...in our last AGM with concern of chairman, Secreatry and Other Members we had appointed two members as acting chairman and Preceding officer till the election and formation of New committee as entire society members were not happy with committee working...but after two months now again old chairman and secreatry is creating problem In day to day matter stating that they are office berriors... Pls advice as per bye law whom should we consider as working committee in current scenario for the discussion ....

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4 Replies

G.L.N. Prasad (Retired employee.) 31 December 2018

The proper way is reporting the issues to Sub Registrar and requesting him to conduct elections and barring the ex-office bearers in decision making/interference till the next body takes over the management of Society.

Kishor Mehta (CEO) 31 December 2018

The Chairman and Secretary of the Managing Committee of the Society can be ousted only at the completion of 5 year term of their tenure or only by a vote of no-confidence as per the regulations under the Maharashtra Co-operative Housing Societies Act 1999. If either of these terms is not satisfied they can not be divested of their posts.

Shailesh pandey 31 December 2018

Noted... Pls clarify on below ....As a member (not in committee) can approach register office for this. ....till the time register take a call whom should we listen as a committee... New acting chairman & preceding officer OR old chairman & secreatry.

Dr J C Vashista (Advocate) 06 January 2019

I fully agree and appreciate acumen and opinion of expert Mr. Kishor Mehta.

AGM can not appoint ad-hoc managing committee, it has to follow the legal procedure to pass "no confidence" motion against existing MC during its tenure (5 years in Maha- whereas it is 3 years in Delhi).