Viswanathan TP
The society in which I am a member and also reside, has a committee which was requested to continue for six months until a new committee was appointed. The MC accordingly called for nominations for MC and fixed the Special General Meeting on the 29th of this month.
The MCS Ordinance 2013 promulgated by Maharashtra Government was referred to a joint select committee when it came up for discussion in the assembly. The Minister concerned declared that a new ordinance would be promulgated as soon as the recommendations of the joint select committee are received. So far, no such ordinance seems to have been issued. It means that the amended by laws adopted by the Society in May 2013 are not valid until the select committee submits its recommendations and the government comes out with a new ordinance.
As the new election machinery and the election procedure are part of the amendment yet to be approved, the MC thought it could go ahead with the election as per the previous practice – calling for nomination and electing MC members at the Special General Meeting. There was also a clarification that the new provisions would initially apply only to societies with more than 100 members. Our society has just 90 members.
Now the Dy. Registrar of T ward has applied the spoke saying it is the prerogative of his office to conduct the elections. Therefore, the MC had to issue a circular postponing the Special General Meeting until further advice.
Kindly inform me if you have any information on the above and how the Society should go about the business.
I C Naik
In case of your society following procedure is to be carried out.
1. The society shall prepare its list of voters and submit a copy thereof to the WCEO (Dy Registrar as WCEO has not been appointed) within seven days from the date of its preparation.
2. Election of these societies shall be conducted in Special General Body meeting called for this purpose. Such meeting shall be presided over by the person appointed by the SCEA for this purpose. [ Contact WCEO to ascertain if SECA has ben appointed?]
3. The notice of the meeting shall be issued at least fifteen days before the date fixed for such meeting. Check with SECA if the date fixed is in order.
4. Alternatively, the General Body of the society by resolution may submit a requisition to the WCEO to hold the election. The WCEO shall proceed for the election as per procedure laid down in the Rules 76
5. Proviso 2 of Sub-Rule 2 of Rule 76 is to handle the situation “in case of failure of the Special General Body meeting called for the purpose to choose member of the committee for any reason.” The person appointed to preside over the said Special General Body meeting shall report that fact to the WCEO to conduct the election once gain as per the same Rule namely Rule 76.
6. The person appointed for election Purpose shall attend the meeting and submit report to the State Cooperative Election Authority within two days of the meeting held for the purpose.
Office Bearers
7. 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[9]. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA.