omaima basta
Can an associate member contest and vote in elections as per bye laws 2014? Our secretary has not included Associate members in the provisional list of voters.
He says that as per new definition of Associate member… one should have right title & interest in the property … means he/ she should be joint member.
I am an associate member since last two years thru filling form 7 & paying 100 Rs. as membership fees.
Am I eligible to vote as well as contest the elections?
I C Naik
Associate Membership is a permanent EOQ (Entity of Question Mark) on www.indiancooperative.com
May be one more time; this time the crisp question is should Associate member’s name figure in Voter’s list and does he/she has a right to contest elections under 2014 bye-laws? Good question Omaima.
1.Preliminary issue is 2014 Model Bye-laws does not apply to a housing society unless and until they are adopted and registered after undertaking amendment procedure in accordance with Section 13 of the M C S Act 1960 Rule 12 of the M.C.S. Rules 1961 and concerned Bye-law number (No 167 in Model 2001 & 2009) of the registered Bye-Laws which are in force.
2.Assuming Model 2014 is now the registered Bye-Laws of your housing society what are the rights of Associate members? This information is crucial because of a provision in Section 24(2) namely “that an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.”
a.Bye-Law No 25 provides that “No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)”
i.Section 27(2) permits Associate Member to vote in the general body meeting or election in the absence of the first named (in the share Certificate) member.
ii.Bye-Law No 22(a) provides that “A Member shall be entitled to exercise such rights as provided in the Act, Rules and Bye-laws. Provided that no Member shall exercise the rights of Member of a Society, until he has made such payment to the Society in respect of Membership, or acquired such interest in the Society.
B.Bye-Law No 117 (corresponding Bye-Law No 118 of Model 2001 and 2009) has confused all the housing societies by inserting a Clause which declares a person to be ineligible to contest election to the Committee of the housing society of which he is an Associate member.
i.This is in Clause (d) reading “In case of an Associate Member, non-submission of the no-objection certificate and undertaking, as prescribed under these bye-laws, by the Member “
ii.The effect is an Associate Member can contest election if the original member allows him/her to do so and he undertakes to stay away from the affairs of the management of the Society as long as the Associate is a member on the Committee.
iii. Associate Member referred to in ii above is admitted against application in form 5 Corresponding Number in all previous Models are 7 or 8) which recognizes (unlike form 7 or 8) Associate member who may be a Co-owner of the flat or no-owner.
iv.Confusion is Bye-Law No 25 confers no other rights except voting. So which Bye-law should be followed by the Society? No Answer frankly though Bye-Law No 25 is forthright and Bye-Law No 117 assumes a right to contest and lays down condition as per clause (d)
3.One more confusion is built in to the System by the State Government and in exercise of powers so granted by State Legislature under Section 165(2)(xxxv-a) of the M C S Act 1960 the State Government has made the Maharashtra Co-operative Societies Election to Committee Rules, 2014. (the S E R 2014 ).
a.Rule 20(1) of the S E R 2014 and second Proviso there to reads as under :Any member whose name appears in the final list of voters 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 further that, in case of associate members of co-operative housing society and co-operative premises society, the member whose name stands first in the share certificate shall be eligible to be nominated as candidate for the election. In absence of such person whose name stands second as associate member 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 not a minor shall be eligible to be nominated as candidate for the election.
b.As stated above Bye-Law No 25 confers one and only right to Associate to cast his vote where the first member is absent and the above Rule and Proviso also says the same thing for contesting elections that is to say the bye laws permitting, in the absence of the first member second member (Associate) shall be eligible to be nominated as candidate for the election. But this is not of use to Associate as Bye-Law No 25 does not extend to contesting elections.
Conclusion is frustrating
The Commissioner and Registrar of Cooperative Societies who approves the Model Bye-Laws, the Secretary to State of Maharashtra (Co-Operation, Marketing And Textiles Department) who approves the Rules made under the M.C.S. Rules 1961 and perhaps now the State Election Commissioner of Cooperative Societies the head of the State Cooperative Election Authority are all unclear as to how far they want to empower Associate members of cooperative societies to take active part in the management of the affairs of their housing societies, though all seem to incline to let them become even Chairman also.