Participation in election of the BOD of a Coop. Hsg. Soc. In
SRIPRAKASH BHATTACHARYA
(Querist) 28 April 2017
This query is : Resolved
Whether as per WBCS Act 2006 and WBCS Rules 2011 the Joint Member ( 2nd Member ) can contest to the Board of Directors of a Cooperative Housing Society in the state of West Bengal or not.
After going through the contents of the WBCS Act and WBCS Rules both and further considering various legal impacts I feel the answer should be NO. But the Cooperation Department and Cooperation Directorate both has said YES.
The books are clear in this regard but not the Deptt and Directorate. The authorities are blind on this.
Request for kind clarifications
Dr J C Vashista
(Expert) 30 April 2017
I have my doubts on your averment since a joint member is incompetent to contest.
Besides this, Delhi and Maharashtra Cooperative Societies Acts provide for election of President, Vice-President and Members of the Managing Committee (but not Board of Directors as stated by you) of a Cooperative Housing Society, however, check with WBCS Act & Rules and Bye-Laws of your CHS.
Can Cooperative department/directorate act or function in contravention to WBCS Act & Rules and Bye-Laws of the CHS? Answer is big "NO".
I disagree with you the authorities can not be so fools that they are ignorant about the law on the subject and/or traverse/function beyond the provisions of law, as stated by you.
Dr J C Vashista
(Expert) 30 April 2017
Thank you Rajendra K Goyal ji for agreeing with me.
