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Gfts (self employed)     26 April 2012

Rights of a member in a chs

Mah Co-op Soc. Act 1960 Section 27(2) mentions

"Where a share of a society is held jointly by more than oneperson, 2 [theperson whose
name stands first in the share certificate, if present,shall have the right to vote. But in his
absence the person whose name stands second, andin the absence of both, the person
whose name stands next, and likewise, in theabsence of the preceding persons the person
whose name is next on theshare certificate, who is present andwho is not a minor, shall
have the right to vote.]"

The question now is, in case the second/thrid member desires to contest for the elections in a CHS when the first Share holder has expired, can the second/third member nominate himself by giving a death certificate of the first holder and a Consent letter of the other joint holder ?

Q2. Can a member in arrears propose or second a candidate desiring to contest for elections ? I know and have read on many sites they can propose/second but nowhere it mentions under what section of the Mah Co-op Act 1960.

I would appreciate a help on the above two questions.

Thanks



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     27 April 2012

yes the second member can nominate himself for the voting by producing the death caertificate and third person can not nominate himself untill he get consent of the second and other joint holders consent.

proposing anyother member for contesting election and voting ,the sole power resides in the by laws if bylaws provides power of anychange i mean amendement in any part of by laws of society ,they can pass resolution on this behalf and can nominate anyperson .

Gfts (self employed)     27 April 2012

Sirs,

Thank you for your reply. It is now clear that a joint member can vote for the elections. But with regards to contesting to the elections, does the rule remain the same ? ie, getting death certificate of teh first member, and a consent letter from the second holder ?

Thanks

Gfts (self employed)     28 April 2012

I have one more query regarding the membership for CHS.

a. can a member, appoint two or more associate members in a co-op hsg society ?

b. In case a associate member desires to contest for the elections, is a consent required from the second associate member also ?


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