Pretti Jaiin
I am a member of a society (in Mumbai) having 56 members, Type D society as per 97th Constitutional Amendment. The tenure of the Managing Committee ended on 22nd November 2013.
The Maharashtra Legislative Assembly resolution dated 17th Dec 2013 postponed elections till Dec 2014.
My question is – will the Managing Committee of my society be a care-taker committee or a full-powered committee till 31st Dec 2014? The Managing Committee is attempting to take a major decision regarding redevelopment and finalisation of developer, even after end of tenure! Can they do that?
I C Naik
The concept of caretaker committee is alien to the M C S Act 1960. The problem is the veracity of the statement : ‘The Maharashtra Legislative Assembly resolution dated 17th Dec 2013 postponed elections till Dec 2014’ The Assembly does not pass resolution, it enacts a law which could be an Amendment Act assented to by the Governor. There were press report of the Cabinet postponing the elections, But the Cabinet was empowered to do so is also doubtful.
As per sub-section 14 of Section 73CB an intimation to the State Cooperative Election Commissioner was required to be sent by your society. In responseto that your society must have received instructions in the matter. If no communication was received your society’s should continue as before without any restrictions.