Voting in society agm

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 from DDR which they shared with owners however the list was missing co owners name. And it was not in English hence many owners couldn't understand the same.

Now DDR says co owners can not even 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).

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kavksatyanarayana (Expert) 29 July 2023
If the list is sent by the AGM to the DDR if it is correctly filed automatically approved. Hence ask the AGM to amend the bylaws regarding the coowners voting rights and any other related issues. The majority of the members present will be submitted to the DDR of Cooperative Housing societies of your district.

Dr. J C Vashista (Expert) 30 July 2023
You did not disclose whether it is a "Cooperative Society" or "Apartment Ownership Association" or "Residents Welfare Association" type "society" in your case, as the rules / law applicable to them differ.

T. Kalaiselvan, Advocate (Expert) 30 July 2023
The bye laws are very clear that the first owner shall have the rights to vote, the second owner can exercise the rights provided the first owner authorised the second owner for this specifically during his absence.
You can go through the bye laws of the association under the banner of MCS act
Section 19(b) however provides: “associate member” means a member who holds jointly a share of a society with others, but whose name does not stand first in the share certificate; meaning notwithstanding what is stated in Section 2(19)(b) of the Act, as per Bye-Laws the Associate member must be a joint holder of title
To set the record right: An associate member is not eligible to be part of a managing committee.

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