Elect / appoint secretary reference 2013 amendment act
Sanjay
(Querist) 28 November 2013
This query is : Resolved
Sir,
I am Sanjay, Chairman of CHS at Mumbai. Our Secretary has resigned due to her health problem & could not handle society further.
Please guide, Can we elect/appoint new secretary by normal election process, we want to elect/appoint one of existing committee member as our new Secretary. (our MC Committee Term will end in 2017) ?
(I heard that is rule is not applicable for CHS having less than 100 members)
if yes how do we go ahead, please guide. You guidance is very important to us.
Thanks in advance.
Below is new amendment of State.
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The state has made amendments to its Maharashtra Co-operative Societies Act, 1960 and has issued a notification on February 14, 2013
The state government has stated that co-operative housing societies will no longer be able to elect their new office bearers on their own. All management committees and office bearers of co-operative housing societies whose term ended on March 31, 2013 cannot elect a new governing body on their own. Henceforth, elections of office bearers and the management committees of co-operative housing societies will be held by the State Co-operative Election Authority. This authority will conduct the elections to these societies by December 31, 2013.
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malipeddi jaggarao
(Expert) 29 November 2013
Apply to the State Co-operative Election Authority to conduct election for Secretary post before expiry of tenure of the present Managing Committee due to resignation of Secretary.
Thyagarajan
(Expert) 29 November 2013
As per state society act any society that wants to get registered in it it is mandatory that bye-laws and other required details should accompany the petition for registration.
The bye-laws will show the the details connected with election of office bearers.
Then follow the same
Rajendra K Goyal
(Expert) 29 November 2013
Agree with the expert malipeddi jaggarao ji.
Sanjay
(Querist) 29 November 2013
Thank you for kind advise.
We want to elect/appoint only Secretary in this month only without informing Dy.Registrar,(as involving registrar will be lentghty process) as we have routine work pending because of secretary's absence.
I guess "State Co-operative Election Authority" this authority doesn't exists at all.
or if yes my request you to provide me an address.
I read it at below link,
http://indiancooperative.com/tag/maharashtra-cooperative-societies-amendment-act-2013/
Thanks,
Devajyoti Barman
(Expert) 29 November 2013
Yes better ask for his address from the cooperative office itself.
Form the amendment it appears you have to apply here for appointment,
T. Kalaiselvan, Advocate 
(Expert) 29 November 2013
You should be having a bye-law of your association, refer the same and proceed.
malipeddi jaggarao
(Expert) 30 November 2013
You cannot deviate the process though your requirement is urgent.
Dr J C Vashista
(Expert) 30 November 2013
I respectfully disagree with the experts. Since the Secretary of CGHS is not directly elected but one of the members of executive (managing committee).
The term of MC is still there and it has not completed its tenure.
The MC has all the powers to accept resignation and appoint another member out of existing members which do not require any permission from RCS.
Please read the Bye-laws of your society, MCS Act 7 MCS Rules where it is amply clear.
Sanjay
(Querist) 30 November 2013
Thank you very much all my respected "EXPERTS" for your concern & guidance.
As elections are on hold till 31st December, as per new Amendment 2013.
Please correct me on below statement as there wont be election but just internal power/process,
If Secretary resigns & after the Chairman and Managing Committee have accepted his resignation, they can appoint anyone within the existing managing committee as the new Secretary.
The existing managing committee can also co-opt any other member of the society as a member of the committee and then elect him as the secretary.
However this process is left to the discretion of the Managing Committee and there is no election process required for the same.
Dr J C Vashista
(Expert) 01 December 2013
Mr. Sanjay
Please read my comments/advise again, I have clarified, again I want to tell you to read Bye-laws of your society, MCS Act and MCS Rules
Thyagarajan
(Expert) 01 December 2013
Try to digest the opinion given by experts before putting up additional queries.
Sanjay
(Querist) 03 December 2013
Thank you very much Sir.
I am checking it...
Sanjay
(Querist) 04 December 2013
Good Morning Sir.
I found below mentioned in bye-laws, can we use this...Thanks.
129.
In the event of vacancies in the Committee, caused on account of the death ,resignation, disqualification or removal of any members of the Committee by the Registrar the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee irrespective of the fact whether there is the quorum or not, notwithstanding anything contained in the bye-law No. 127. However, such vacancies by co-option shall not be more than two.
malipeddi jaggarao
(Expert) 04 December 2013
Thanks to Expert Mr.Vashista for correcting my reply. I presumed that the election is at the end of term. I fully agree with him and your bye-laws allow you co-opt the secretary.
Sanjay
(Querist) 05 December 2013
Thank you very much all expert Sir specially Vashista Sir.
Thyagarajan
(Expert) 06 December 2013
You are most welcome
