Society office bearers
Laxmikant Bhole
(Querist) 11 August 2014
This query is : Resolved
Hi,
In case 19(b) form has been submitted with the consent of primary member, can a Joint member (having his/her name 2nd on the Share Certificate) become the part of the managing committee and hold the post of office bearer (Secretary / Chairperson) in the Society ?
Regards,
Laxmikant
ajay sethi
(Expert) 11 August 2014
yes joint member can become member of MC and be elected as secretary / Chairman
Laxmikant Bhole
(Querist) 11 August 2014
Many Thanks!
One of the member has taken this objection and mentioned that under RTI he has obtained the information from sahakar ayukt that such member can not be elected as Secretary / Chairperson and threatening to file the suit against society. What should be our next course of action ?
Regards,
Laxmikant
Hemant Agarwal
(Expert) 13 August 2014
Under the amended Maharashtra Coop. Societies Act and Election Rules, "ONLY" the "Primary member" (first name in the flat-purchase agreement), can become a Mg.Committee member, and/or contest Society elections.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Laxmikant Bhole
(Querist) 14 August 2014
This seems to be a conflicting views from Mr Sethi and Mr Agarwal.. what is right ? :(
Hemant Agarwal
(Expert) 15 August 2014
Shri Laxmikant Bole:
I am reproducing the relevant extract of Rule 20, of "MH State Cooperative Election Rules". Please prefer to read "S L O W L Y", that :
quote:
"only the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election".
unquote:
20. Nomination of candidates.—
(1) Any member whose name appears in the final list may be nominated as the candidate for the
election to fill a seat, if he is qualified to be chosen under the provision of the Act, rules and the byelaws of concerned society:
Provided that, in case of joint or associate members, only the member whose name stands first in
the share certificate shall be eligible to be nominated as candidate for the election.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Advocate. Arunagiri
(Expert) 16 August 2014
All joint owners, co-owners, associate member, nominal members whose name does not appear first in the share certificate cannot be appointed as office bearers of the society.
