Jagannath Adavi
What is the action to be taken if the nominations for election to the Managing Committee of a Cooperative Housing Society in Mumbai, Maharashtra are less than the number of seats to be filled in?
I C Naik
Such cases are covered by bye-law Number 119 reproduced below:
1119.In a general election of a committee of a society, on the election of two-thirds or more number of members, the returning officer or any other officer or authority conducting such election shall within seven days after the declaration of results of election of such members, or where such election is held before the date of the commencement of the Maharashtra Co-operative Societies (Second Amendment) Act 1986( Mah xxxvii of 1986),and such number of members have been elected but the committee has, for whatever reason, not been so far constituted, forward their names together with their permanent address to the Registrar , who shall, within 15 days from the receipt thereof by him, publish or cause to be published such names and addresses by affixing on a Notice Board or at any prominent place in his office.
Upon such publication, the committee of the society shall be deemed to be duly constituted. In determining two thirds of the number of members, a fraction shall be ignored.