R Venkatesha
A son and father jointly purchased a flat in December 2012 in Maharashtra. Son the first holder, was admitted to membership on 20th January 2013 and father as Associate on 31.3.13.In the GBM held on 30.9.14 father has been chosen as Chairman (Son submitted NOC and undertook not to attend the GBM/contest election signing form per Appendix 10A under Bye Law 118 (old Model).
Is this Valid? Kindly clarify
I C Naik
1.None of the model bye-laws provide for any right to Associate Member as provided under Section 24(2) except that to vote in the GBM where the 1st Join- member is absent. So selection of Father as Chairman is in breach of the bye laws.
2.New Section 73CB of the M C S Act 1960 came in to effect from 14 2 2013. It sub-section is reproduced below ( it was binding on all societies on 30.09.2014):
The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society 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.
CONCLUSIONS
The Chairman is occupying a position in breach of Bye-law No 27 and provisions of Section 73CB(1) of the M C S Act 1960
REMEDY
1.In reality the housing societies carries on as long as all is well. If any member were to draw attention of the Dy Registrar of Cooperative Societies of the Ward, he has following powers under Section 77A to authorise a departmental officer to take charge of the Society for six months to make a Committee functional in accordance with law.
2.In the meanwhile provisions of Section 77 come to the rescue. Quote (1) No act of a Society or a committee or any officer, done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organization of the society, or in the constitution of the committee, or in the appointment or election of an officer, or on the ground that such officer was disqualified for his office. The Registrar shall decide whether any act was done in good faith in pursuance of the business of the society; and his decision thereon shall be final.
Some more answers
There is no bar two be office bearers in two Societies or in a society where a relative is a member. A person can become Associate merely by paying Rs 100 and filing application therefore. Form is prescribed in the Bye laws.
