Deshmukh
Can a second flat owner who is joint owner of flat be a committee member and if yes then can he/she be a chairman/secretary/treasurer?
Kindly clarify.
I C Naik
1.Bye Law No 25 reproduced below from the proposed Model 2013 confers only a limited right of membership on associate member:
“No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.i.e. where a share of a society is held jointly by more than one person the person 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, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.
However there is a ray of hope in the conflicting Bye Law No 119 of which the relevant part is reproduced below, enables associate member to contest the committee election.
2.“Bye Law No 119 ‘No person shall be eligible for being elected as a member of the Committee or co-opted on it, if:
iii. In case of an associate member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the member”
But the controversy has been put to rest by the New Society Election Rules:
3. The Government of the Maharashtra State published on 20 8 2013 “The Maharashtra Co-operative Societies Election to Committee Rules, 2013” The State Cabinet has reportedly postponed till 31 12 2014 all elections of committees of the cooperative societies which are already due. These Rules now apply to all elections (including office bearers) in all cooperative societies in the State.
The answer to your question is in negative as per Rules 20, 74 ad 77 reading as under:
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 bye-laws 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.
74. Casual vacancies how to be filled in.—
In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting previous to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of section 73 CB. The person so elected or co-opted or, as the case may be, nominated shall hold office so long only as the member of the committee in whose place he is elected, is co-opted or, as the case may be, nominated would have held it, if the vacancy had not occurred:
77. Election of Office Bearers.—
As soon as the members of the committee are elected, the election of office bearers of any such society shall be held within the period of fifteen days from the declaration of the result as provided in it’s by-laws. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA.
