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Gaurang Vakharia (Manager)     26 November 2011

Mumbai co-operative society election rule

In our society we are holding election of Commitee Member. Initially there were 14-16 members has filled up form to become Commitee member. And now only 10 members are standing in election (no lady member is standing in election).

Now society has done all formalities as per Mumbai Co-operative society law. And just 1 day back he has put notice & mention that as we have to select 6 commitee members so every members has to vote for 6 members only & not less that 6 or not more than 6.

Here my question is that if any member wants to vote only 4 or 5 members then can he vote? or his vote will be disqualified? Is there any rule that member has to vote for 6 members only.



Learning

 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     26 November 2011

It seems the election is illegal

As per Election Rules of Regd Co-op hsg Society, Following r the reqn:

1] End of Co-op year i.e. 31-3-2011, only those members on roll are eligible to vote : So Provisional List of Voter to be published  by 30th April 2011

2] Ask for sggesstion  and Objections in respect of Names of Memberrs to vote within 8 days of Publication of list of voters, say 8th April 2011

3] A returning Officer,[not contesting election]after consideration of Objections, pblish final List by 16 May 2011 it must be in Form "A" 

4]RO have to follow procedure  to invite nomination as per Form, "B" , to recd  Nomination in Form "C" 

5] on receiveving nomi , aow time of 15 days (as required U/S 152A of MCS aaCT 1960  TO WITHDRAW VALID NOMINATIONS , AND THEN PUBLISH FNAL LIST  OF MEMBERS NOMINATED ,

6] RO had to arrange voting by ballot  n  form "D" 

 

ETC ETC ; Pl Ref Bye _Laws & Co op Soc Act 1961, election rules :it is lenghy 

And if the Mg Comittee is not elected as per Election Rule, the Comittee as well as all their act are invalid, illegal, and void -ab-intio.


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