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MCS Act 1960 section 73 1AB

(Querist) 06 March 2017 This query is : Resolved 
Our Housing Society registered under MCS Act. Last election was held in Apr 2012. The managing committee was elected in Apr 2012 not filled up M20 bond. I filed a complaint at Dy Registrar office under section 73 1AB. After the hearing was over Dy Registrar dismissed the entire managing committee under section 77A and appointed authorised officer. Now the appointed authorised officer is now hold the election. Now I have 2 question is 1) The earlier managing committee which was dismissed can stand for election? or they can't stand for election for next five years. 2) Which provisional list put on notice board only that member can stand for election?
Dr J C Vashista (Expert) 08 March 2017
There is no legal bar for the previous committee members to repeat in Delhi Cooperative Societies Act, 2003, please check for MCS Act.
Hemant Agarwal (Expert) 13 March 2017
1. "IF" the Mg.Committee is "dismissed" THEN it can stand for Elections.

2. "IF" the Mg.Committee is "disqualified" THEN it CANNOT stand for Elections.

Note: the difference between "dismissed" and "disqualified".

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com


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