Housing society agm
C M Saldanha
(Querist) 15 April 2014
This query is : Resolved
I have a query regarding our Housing Society. Five-year term of MC expired 8th August, 2013. Pending election procedure by State Government, Society did not release 31/03/2013 audited accounts even if under cover letter within stipulated period. Year end accounts as at 31/03/2014 are now also due.
Chairman has now written to Dy Registrar requesting him to conduct AGM for last year which to my mind is incorrect. In view of Commissioner circular dated 26.02.2013 stating no major decisions pending elections, besides office bearers being in titular (nominal with no powers) since August 2013, can 'AGM' be held?
ajay sethi
(Expert) 15 April 2014
society is required to hold AGM before expiry of its term . in your case AGM should have been held before expiry of its term and audited accounts approved .
the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted.
In November 2013, the state government announced that it would appoint an election authority to supervise elections in housing societies with more than 100 members. The government is expected to make the announcement by December 2014. "Till such an authority is constituted, you can't conduct elections in your society, even if they are due,"
ajay sethi
(Expert) 15 April 2014
MAHARASHTRA ACT No. XVI OF 2013. (First Published, after having received the assent of the Governor, in the “Maharashtra Government Gazette”, on the 13th August 2013). 73CB. State Co-operative Election Authority: (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as ‘the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office bearers of a society including any casual vacancy to the extent applicable shall be held as per the procedure prescribed. (1) The Committee of every co-operative society shall, - a. Inform the State Co-operative Election Authority about the expiry of its term of office at least six months before the date of expiry of such term; b. Inform any casual vacancy occurred in the committee or its office bearers within fifteen days of the occurrence of such vacancy
Rajendra K Goyal
(Expert) 15 April 2014
Approach Registrar to appoint administrator till elections are held.
Hemant Agarwal
(Expert) 29 June 2014
1. Society can requistion Registrar to depute officer to conduct AGM, u/s 75(1) of the MCS Act.
2. Registrar will pass orders, appointing officer to conduct AGM and the fees of such officer shall be payable by the Society. The Registrar's decision is final, for all purposes.
Keep Smiling .... Hemant Agarwal
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