Cooperative housing society election (maharashtra)
Divakar
(Querist) 11 April 2018
This query is : Resolved
Dear Sir,
Our society is in Dombivli, Thane, Maharashtra and has 79 members. Due to unawareness of the new election rules, we had our society AGM in 2016 as usual and elected the new managing committee for 5 year term. When we visited The Thane District Cooperative Bank for updating authorized signatories of our society account, we were informed that we have not conducted the elections as per new bye laws and need to get the elections regularized or approved by Registrar of the society without which the bank can not update the records.
Please guide us a way forward in the matter as managing committee is already functioning since 2016 and what needs to be done to get the bank account operative.
Secondly, what is the benefit to the society of having representative from Registrar of societies in electing society managing committee when society is functioning smoothly and if there is no opposition and eligible members get elected unopposed.
Further, we learnt that there is amendment to this elections bye laws, since it is being debated in various forums as there is no much benefit particularly to the Housing Societies, is it true?
Kishor Mehta
(Expert) 11 April 2018
This is a formality that has to be observed, the election is held as usual under the supervision of the officer appointed by the election commission. Forms E1, E2 and E3 dealing with the details of the Society members are to be submitted. The Society is then issued a certificate stating the names of the elected members.
Dr J C Vashista
(Expert) 14 April 2018
Follow the prescribed procedure in terms of Societies Registration Act. 1865.
Societies are not governed by "Bye-law" but Memorandum of Association and Articles of Association submitted to the Registrar at the time of registration of your society.
Divakar
(Querist) 15 October 2018
Dear Sir,
I understand that there is an ordinance regarding Co-operative Housing Society elections, request your clarification on the matter.
Below is the extract of the ordinance;
Housing societies with less than 200 members will no longer need to approach the Authority to conduct elections. While housing societies in Maharashtra having less than 200 members will now be able to hold their elections in the annual general meeting every five years.
Refer below link;
https://indianexpress.com/article/cities/mumbai/maharashtra-housing-societies-can-conduct-elections-on-their-own-but-government-tightens-noose-around-violators-5285520/
