Shodhan Damle
My name is Shodhan V. Damle, residing at Virar, Maharashtra State. I shall be highly obliged if you could please guide me in the matter.
I am associate member of our registered co-operative housing society. I have been accepted as Associate Member by observing all procedure, i.e. paying entrance fees, N.O.C. from the original member. My name stands second in the Share Certificate issued by the society.
We have one Federation of our complex (Our complex comprises of 8 Co-operative Housing Societies duly registered independently. And the Federation for the complex of 8 societies is also registered independently). Two (2) members from each co-operative Housing Society are elected in their AGM to be the representatives of the Federation. General Body of the Federation is of 16 members.
Guidance is required on following points :
1.Now as the tenure of our Federation is completed on 31.03.2014 and the AGM is also conducted before 30th Sept.2014, We are confused whether we can elect the New Committee (General Body) on our own ?
2.Our Federation has not accepted the new Bye-Laws till date as per the amended Act (Mah. Co-op- HSG. Soc. Act 1961)
3.Can an Associate member file his nomination for the election as per new Act? If Yes, please quote the provision.
4.Can the Outgoing Body handover the Charge to the new Body without conducting election?
5.If handing over of the charge takes place then what action is suggested as per the provisions laid down in the respective Act/Rules etc.
I shall be highly obliged Sir, if you could please guide me in the matter.
I C Naik
Authority to conduct all elections in co-operatives of the State are vested in the State Co-operative Election Authority appointed by the State. All Co-operative Societies have to wait for the Co-operative Election Commissioner (Not appointed by the United Front Government). All Committees having completed 5 year term have to stay put in office till the elections are held.
Associate members has one right as per Section 27(2) of MCS Act 1960 that is to vote in Members’ meeting if Original Member is not present.
Section 24(2) of MCS Act 1961 an associate member, may, 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.
So for other question consult the Bye -Laws of your Society.