Query of Parvez US

Parvez US

I am a member of co-op housing society in Mumbai. Our managing committee treasurer died in July 2017 and committee is around 20 months old. Should it be dissolved?

Our registration is; BOM/W-K/W HSG/TC/5934 OF 1991

I C Naik

Dear Parvez

There is a casual vacancy on your society’s managing committee.vacant. Treasurer’s post is also according to Rule   74 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2016 this fact has to be communicated to Government immediately. This Rule is reproduced below which is self explanatory.

 “74. Casual vacancies.- (1) In the event of the vacancy occurring on account of death, resignation, disqualification or removal of a elected committee member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the committee of the society shall forthwith communicate the occurrence of such vacancies to the State Co-operation Election Authority and District Co-operation Election Officer and the vacancy shall be filled as soon as conveniently :—

(i) If half of the tenure of the committee is not expired, by way of bye-election, and the provisions of these Rules shall thereupon mutatis mutandis apply accordingly :

(ii) If the half of the tenure of the committee is expired, by the committee by way of nomination out of the same class of the members in respect of which casual vacancy has arisen in the meeting of the remaining members of the committee, which shall be presided over by an officer authorized by State Co-operation Election Authority or District Co-operation Election Officer, in this behalf.

(2) The member so elected or nominated under sub-rule (1) shall hold office so long only as the member of the committee in whose place he is elected would have held it, if the vacancy had not occurred.”

If after reading this you have a query do not hesitate to write to me directly.

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