We are a society of 20 members in Pune established in 2007-2008. We have not yet adopted 2014 bye-laws. The current management committee is functional since August 2014. The society in the first meeting in 2007-2008 had passed a resolution of two years tenure for the management committee. The current committee is functional since August 2014. Now the question is can the current committee in the given circumstances continue its tenure up to August 2019 as per the 97th CAA?
I C Naik
The registered bye laws of your housing society are (99%) based on 2001 Model bye-laws. What you have stated are analyzed before answering your question namely “can the current committee in the given circumstances continue its tenure up to August 2019 as per the 97th CAA?”
It can be assumed that neither your Chairman nor Secretary ever opened registered bye laws of your housing society.
Bye Law No 116 (1) requires that (a) Election of all the members of the Committee shall be held once in 5 years, in accordance with the Election Regulations annexed hereto. (”Vide Annexure lll). The retiring members of the Committee shall be eligible for re-election.
Ignoring this requirement “The society in the first meeting in 2007-2008 had passed a resolution of two years tenure for the management committee”
For reducing the tenure to 2 years from 5 years the Society was supposed to comply with requirement of Bye Law No 167 reading as under:
- No bye-law shall be made, altered or abrogated unless (i) a proposal to do so has been communicated to all members, 14 days before the meeting of the general body of the society, at which it is proposed to be considered (ii) the resolution is passed by not less than 2/3rds majority of the members present and voting at the meeting of the general body of the society and (iii) the making, alteration or abrogation is approved and registered by the Registering Authority.
So reduction to 2 years from 5 years was in breach of Bye Law No 167 and is not valid.
CURRENT COMMITTEE
“is functional since August 2014.” Which means elections were held “in accordance with the Election Regulations annexed hereto. (”Vide Annexure lll).”
Iam Glad your housing society is aware about “97thCAA” which came in to effect on 13 2 2013 Article 243ZJ(2) of the Constitution (97th Amendment ) Act 2011 reads as under: (2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:
As for elections to the management committee Article 243ZK (2) provides : The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law:
The MCS Act 1960 was according amended and is in force from 14 2 2013.
So election of current committee is not valid as it violated provision of Section 73CB of the MCS Act 1960.
The question of continuing this the management committee any further does not arise.
As required under Section 73CB(12) of the MCS Act 1960 inform the Deputy Registrar of your ward that your Committee’s elections may be conducted as per Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 as the management committee has compleleted its tenure.
