Querist :
Anonymous
(Querist) 28 July 2023
This query is : Resolved
Hello,
Our society is 3 years old. 2 years back builder has called AGM and created provisional committee. Post which this is the 1st time our 5 years committee will be formed. Before election date the committee got list of owners from DDR however the list was missing co owners nam. And it was not in English hence many owners couldn't understand the same.
Now DDR says co owners can not vote.
Please advise can we ask DDR to accept co owners votes with Index 2 and Id card or may be letter of POA from first owner. Please guide as many of first owners are not in Pune on the election day ( election is after 15 days from now)
kavksatyanarayana
(Expert) 29 July 2023
It is a repeated query and for first query, it is replied.
T. Kalaiselvan, Advocate
(Expert) 30 July 2023
As per the Maharashtra Cooperative Societies Act 1960 [the Act] a member of a society, includes Associate Member, (whether a joint owner of the flat or not). The Associate member is differentiated from a member under 2 legal provisions namely: The Share certificate issued by the society, evidencing the membership of the society, states name(s) of the Associate member(s) after the name of the member i.e. at a position other than No.1. [Section 2(19)(b) of the Act. The rights of Associate member are restricted to those specified in registered bye-laws of the society. Attending a General Body Meeting in the absence of a main member is the only right of the Associate member provided under Section 27(2) of the Act.
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