Amendments to co-operative housing society elections rule
seniorcitizen
(Querist) 20 May 2014
This query is : Resolved
Hon. Experts,
Please inform me the amendments to the election rules of CHS.
How do these amendments affect a CHS society with 14 members.
Pray enlighten and oblige.
Thanking you all in anticipation,
Senior Citizen
Dr J C Vashista
(Expert) 21 May 2014
@seniorcitizen,
Anonymous and Vague query with incomplete information such as your identity? which state Act? how many member of CHS? What type of amendment do you seek?
Engage a local lawyer.
Devajyoti Barman
(Expert) 21 May 2014
Dear Mr Narayanan, why have you not updated your profile.
If you state the place and area of practice , the experts and authors may seek your help if we need any assistance there.
Rajendra K Goyal
(Expert) 21 May 2014
complete facts not given. Consult a local lawyer and discuss the problem.
seniorcitizen
(Querist) 21 May 2014
Hon.Experts,
I am a senior citizen residing at Goregaon,a suburb of Mumbai. I have been elected chairman of our CHS, as I am not conversant with the Bye-Laws of the CHS, and as I want to resign my post because of ill health, I wanted to know the rules governing the election and resignation in a CHS.
I have been given to understand that the latest amendments in the MCS 1960 rules do not permit me to resign till 31/12/2014. I just wanted information in the matter.
I believe these facts would suffice and the Hon. Experts would be kind to impart the necessary information about the latest amendments in the CHS Bye-Laws about election and resignation.
There are 14 members in our Society.
Thanking you all in advance,
Senior Citizen
T. Kalaiselvan, Advocate
(Expert) 21 May 2014
The bye-laws of your society would contain the rules about the elections, resignations, and all other details, I wonder that if you can strain to post an elaborate query here,what stopped you from re-visiting the bye-laws properly and understanding the contents yourself and also since you you have stated that you are given to understand that the amendment in the CHS rules do not permit you to resign before a stipulated date, why do you want to hurry, since this is a combined effort by all the committee members, you can always take the help of your colleague members for assisting you with the physical activities of the society owing to your ill health. Apart from all these, nobody can stop you from resigning from the post if your health is in deteriorating condition, think.
Kishor Mehta
(Expert) 22 May 2014
Sir,
With due respect to the Experts:
Yes there is a latest amendment in the "Maharashtra Co-operative Societies’ (second Amendment Act, 2013).Amendment of Section 73CB of Mah. XXIV of 1961.
In Section 73CB of Maharashtra Co-operative Societies’ Act, 1960 in Sub Section (15), it purports to clarify that the election to the Managing committee can not be held before the 31st December 2014."
This amendment, however, does not prohibit anyone from resigning his post. But the person is responsible for the acts of commissions and omissions during his tenure.
Good Luck,
Kishor Mehta
