I am treasurer of a Co-operative Hsg Society Yashodhara CHS, Goregaon East, Mumbai. There are two defaulters in the society. Against one member society has filed claim u/s 101 which is under process. Another member has to pay Rs.15000/- Are they eligible to contest managing committee election.
I C Naik
Defaulter member cannot be a part of the Committee, but crucial feature of this disqualification not known to many is as under. In the M C S Act 1960 Section “73CA: Disqualification of committee and its members”lays down rules as to when a member of a specified cooperative society is said to be a defaulter for this disqualification.
Sub-section 1 “no person shall be eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee, if he–
(i) is a defaulter of any society;
Explanation.–For the purposes of this clause, the term “defaulter” includes–
(e)in the case of housing societies, a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under certificate of posting demanding the payment of dues;
A member having any unpaid dues to the society he has to be served a Notice as aforesaid advising him that if these dues are not cleared within 3 months of the receipt of this Notice, he shall be in-eligible for being appointed, nominated, elected, co-opted or, for being a member of a committee.
Unless there is an evidence of the completion of this procedural requirement by the society disqualification is not in operation. I have been asked by a member of a housing society whose entire committee is in default and got re-elected because the Committee did not undertake the aforesaid procedural requirements.
It is necessary that the society in General Body Meeting should pass a resolution authorizing any 2 or 3 members who are not members of the Committee to send the Notice of default as specified under this Section if the Committee fails to do in respect of overdues of any or all members of the Committee. Such Notice shall be deemed to be proper compliance of requirement of Section 73CA(1)(i)(e) of the M C S Act 1960.