I request you to kindly respond to my following queries:-
Managing Committee: Two seats are reserved for lady members in the Mangaging Committee of CHS consisting of 8 members. There is a possibiiity that it is ensured that the certain lady members are elected. Subsequently, these elected lady members (who are actually dummies) give power of attorney to their male relations and the male relations become part of MC. Is this legal and according to rules?
1. In case above referred POA is illegal or violates co-operative rules, what are its consequences?
Can the elected lady members who gave POA be disqualified and the next lady members who contested the MC elections, automatically stand elected. Four lady members had contested and two won and two lost.
If the Chairman/Secretary ignore the request to inspect and take copies of MC minutes, what can be done?
What are the consequences against Chairman and Secretary who allowed such POA?
The No. of votes which the defeated contestants got is not mentioned. Is it necessary to do so?
What are the other reserved seats quotas in MC of CHS.
What can be done if the Society prefers to ignore the letters from the members?
What can be done if the parking charges are unreasonably low so much so that indirectly the burden falls on the members who do not have any cars. Many members have multiple cars some of which are parked outside the compound as there is not place within. Yet these cars are washed with Society water and thus the members partly pay for it though they have no cars.
I C Naik
1.In cooperative societies there is no system of Power of Attorney to represent a member or committee members. So persons holding POA from their female relatives is invalid for a male to do anything in the society.
2.Such POA holder’s votes in Managing Committee meeting are not valid and inoperative. And the meeting shall not be a valid meeting.
3.After three meetings of the Committee elected lady members’ seats become vacant and casual vacancy has to be informed to State Cooperative Election Authority for filling up through fresh elections.
4.Lost candidates have nothing to do as that election campaign was closed after declaration of results.
5.The No. of votes polled by all contestants have to be recorded by the Returning officer as provided under the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.
Rule 59 (2) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed, the Returning Officer shall make the entries in a result-sheet in FORM E-16 and announce the particulars.
Rule 61(6) “ After the counting of ballot papers contained in all the ballot boxes used at all the polling stations had been completed, the Returning Officer shall prepare a consolidated statement recording therein the total number of votes polled by each candidate.” If this was not done, you can file an election dispute under Section 91 of the MCS Act 1960 as provided under Rule 78
6.U/S 73B of the MCS Act 1960 3 cast based seats are required by every cooperative society to be reserved. These 3 seats are SC/ST -1, OBC -1 and VJ/NT/SBC 1. Please note that this provision is in conflict with Proviso to Article 243ZJ namely “Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes” Any cooperative society challenging Section 73B in Bombay High Court will get a favourable order. A society may also refuse to reserve more than 1 cast based seats as Constitutional provisions supersedes State law where it is in confict.
7.If the Chairman/Secretary ignore the request to inspect and take copies of MC minutes, file a complaint with the Dy Registrar of cooperative societies of your Ward, Copy is to be supplied charging copying costs, but inpection is free.
8.Chairman and Secretary allowing such POA holders participate in Managing Committee Committing are guilty of not holding that monthly meeting and that matter can be reported to the Deputy Registrar of cooperative societies (Concerned Ward) who has to appoint Authrised person(s) from memners or from his office to take over society management and organize elections within six months.
9.For all other matters these are called deficiency in service and unfair treatment to members, both can be placed before the District Consumer Complaint redressal forum, No advocate need to stand before the Court and any one r more members can plead the case.
Do write to me if anything more is required,