By I C Naik
CHS election was an in-house affair so far. Post 97th Constitutional Amendment, no more. Article 343ZK(2) mandates all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law. After the first Maha SCEA took charge elections have started.
A seat on a managing committee of CHS being not an attractive proposition like that on committees of Urban Cooperative Banks or Sugar manufacturing societies in several housing societies full strength nominations are not filed by members till the Returning officer illegally extended the date for filing nominations. With the SCEA the facility of extensions may get abolished. For attending to a case where full strength committee was not elected, there used to be an empowering provision in Section 73(3)(a) of the MCS Act 1960. This has been deleted post 97th Constitutional Amendment.
This post should be taken as an extremely serious red alert to the present Committees of housing societies which are quite familiar to a wide spread indifference of their members to take responsibility of managing their housing societies. The 97th Constitutional Amendment has banned the State power to appoint a Government servant as Administrator of a housing society. Back door entry of this Administrator, rechristened as Authorized Officer, is provided under Section 77A of the MCS Act 1960 to handle such eventualities.
Sub-clause (b) in Clause (1) of this Section 77A provides that “election is held and there is a failure to elect all or any of the members required to fill the vacancies” the Registrar may, either suo-motu or on the application of any officer or member of the society by order appoint—
(i) any member or members of the society to be the member or members of the committee to fill the vacancies;
(ii) a committee, consisting of not more than three members of the society, or one or more authorised officers, who need not be the members of the society, to manage the affairs of the society till a new committee enters upon office:
Provided that, before making such order, the Registrar shall publish a notice on the notice board at the head office of the society, inviting objections and suggestions with respect to the proposed order within a period specified in the notice and consider all objections and suggestions received by him within that period :
Provided further that, it shall not be necessary to publish such notice in any case where registrar is satisfied that immediate action is required to be taken or that it is not reasonably practical to publish such notice.
Provided also that, if no member or members of the society are willing to work on such committee, it shall be lawful for the Registrar, to appoint one or more authorized officers, not being a member of the society, as he may deem fit, to look after affairs of the society;
(2) The committee or authorized officer so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time give, have power to discharge all or any of the functions of the committee or of any officer of the society, and take all such action as may be required to be taken in the interests of the society.
(3) The Committee or authorized officer so appointed shall hold office for a period of six months from the date of assuming the management of the society and shall -make necessary arrangements for constituting a new committee within the said period and for enabling the new committee to enter upon office;].
Provided that, in no circumstances the term of office of the committee or authorized officer shall exceed six months from the date of their holding office;
So imagine what happens to the quality of life and finances of the housing society, if your housing society is managed by a government officer for six months and even thereafter members indifference to managing your society persits.The Government will take some drastic steps which cannot be imagined. Your CHS could be merged with a well managed CHS in the neighborhood.
The existing Committee must do some home work a brief sketch is like this. Invite names of members from all members of the society as to who according to them were best suited to be on the managing committee. It is a mock election. Short list members on the basis of these preferences and approach them with a request to file nominations. Make sure the nominations are filed for at least two or three members in excess of the strength to take care of any unexpected rejection of nominations. You can always withdraw later if you do not want to go for contest. ?
