We are a new society just 3 months old, and have a chairman,seceratary & treasurer who self nominated themselves when the builder conducted 1st election Since its a small committee and much fewer residents, it just passed through. We have adapted the latest 197 amendment of byelaw.
We also understand that this committee has a valid life of one year before we contest proper election.
Now a few residents are rightfully pointing out that all these 3 office bearers are assoicate members ( as their names appear as 2nd holders ) an as per byelaw and MCS act ( even with the S C E A made amendments and deletion ) does not allow them to be office bearers, though they can be a part of MC by cooadoption etc. There are even a few good non associate direct members in the interim managing committee, but these 3 are adamant.
Now these members are adamant and say they will not quit and asking us to show the same in law. We are at this time extremely short of funds and cannot go for legal opinion. Some other like given by Ramesh Prabhu all look as personal interpretation and do not have any legal backing in written.
Tomorrow if we need to approach registrar how do we do it and under what provisions, acts, clause we can remove this post hungry people who are conniving with the builder in handover.
It would be great if you can help us out of this sticky urgent situation.
I C Naik
Vinay’s housing society in Goregaon Mumbai was registered towards end of May 2016 as such its registered bye laws can be taken as per 2014 Model. This Model has innumerable flaws. There are 8 Parts on indiancooperative.com which explain these flaws.
But there is one in which the Deputy Registrar of Andheri west K ward has dismissed Associate member who was elected to Secretary’s post on the very same grounds as the Three office bearers of Provisional Committee of Vinay’s housing society.
https://www.indiancooperative.com/from-states/how-a-dy-registrar-misguides-people-in-mumbai/
On account of the following three provisions, the Deputy Registrar can be requested to dismiss these three Associate Members out of Committee.
- Section 24(2) relevant herem which has a clause “an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.”
- Bye Law No 25 of Model 2014 has a bye-laws providing as under:No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)
- Section 27(2) reads as under: (2) Where a share of a society is held jointly by more than one person, the person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.
