Manoj Nayak
Our society elected its Provisional Committee in October 2012 with presence of Registrar’s representative after society was registered.
The Chairman & some members resigned, so general body elected a permanent commiittee for 5 years in August 2013. Members were not aware about the 97th Constitutional amendment and Maharashtra Ordinance. This election was also not informed to the cooperative Registrar.
Please advise, if this elected committee is a legal valid committee. Can this committee issue Share Certificates to society members?
I C Naik
This is one more of the hundreds of cases of utter confusion in the constitution of the management committee of cooperative housing societies registered under the M. C. S. Act 1960.
At the outset let me give a red alert that there is NO SATISFACTORY SOLUTION to your questions, thanks to the busy schedule of the entire State Polity in relation to General Elections in the Country. The fear of outcome of elections has made them totally unmindful of the High Court Directives and the Constitutional mandates equally.
The case of illegal elections in cooperative housing society before us requires us to look at new provisions in New Section 73CB of the M. C. S. Act 1960 as inserted by the Maharashtra Cooperative Societies (Amendment) Act 2013 consequent upon commencement of the Constitution (97th Amendment) Act 2011 on 12 2 2012.
This Provision of the Maharashtra Cooperative Societies (Amendment) Act 2013 with effect from 14 2 2013 reads as under.
“73CB. (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Election shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
The Bombay High Court on 4 12 2013, gave directive to the State Government to appoint the above authority with in a fortnight. whether the Hon. High Court has granted more time, is anybody’s guess.
The cooperative society elections are reportedly postponed under a decision taken by the State Cabinet till 31 12 2014. Look at the audacity of the State Cabinet to assume the liberty of over-turning the following Constitutional mandate in Art 243ZK inserted by the Constitution (97th Amendment) Act 2011.
“Art. 243ZK. (1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board.
It was known to whole of India, as early as 12 2 2012 that this Article will become mandatory on 14 2 2013 for all States.
If the fact of a serious breach of the Constitution passes away without any higher level authority taking cognizance thereof, with what morals for holding the elections in your Society in August 2013 in breach of the following provision read with Section 73CB(1) of the State enactment any Authority will drag your society or its office bearers to the Court of Law? At the end of the day you have to run YOUR SOCIETY by your Elected representatives.
“(4) Notwithstanding anything contained in this Act, as amended by the Maharashtra Co-operative Societies (Amendment) Act, 2013, but subject to the provisions of sub-section (15) of section 73CB, the committees of which the elections become due after the 31st March 2013,shall continue till the elections to such societies are held under the provisions of this Act as amended by the said Act.
Recall here that Cabinet has postponed all society elections till 31 12 2014.
THE COMITTEE ELECTED IN THE YEAR 2009 DID NOT FURNISHED M-20 BOND AS PER ACT AT RELEVANT TIME WORKED TILL 31ST MARCH 2014 CANTINUE TILL 31ST DECEMBER 2014? AS THE COMMITTEE IT SELF IS DEEMED TO BE DISQULIFIED UNDER THE ACT.OPINED& FEED BACK.