Readers bombard hundreds of queries everyday to the inbox of Indian Cooperative.com. Our expert Mr IC Naik selflessly tries to guide them. There are a few cooperative soldiers who are as committed to the cause of cooperative movement as Mr Naik.
His guidance is helping people grasp the latest Cooperative Acts, the meaning behind the rulings and the over-all cooperative spirit. Here is an example provided by one of the readers Shankar Nair who wrote a thank-you note to Mr Naik once the problem in his Thane based Happy Go Lucky cooperative Society benefited from Mr Naik’s advice.
Excerpts:
Shankar Nair writes
Dear I C Naikji
Million thanks for taking trouble to clarify my doubts on election of New Committee in Happy Go Lucky cooperative housing society in Thane.
Waiting for a day to see the reaction of the Committee to your valuable guidance I forwarded the link to the Committee members and next day I asked for nomination form as I was sure this people will do what they have decided.
To my surprise the Manager told me in confidence that election notice was being re-considered. Thanks to your Article I “Thane Weekly” I was surprised to know that the Manager felt the Committee was appreciating your move to seek clarification. So he suggested wait for a day. I will revert.
Same evening I was shocked to see the Secretary and Treasurer at my flat with Thane Weekly in Secretary’s hands and latest bye law Model 2009 carried by the Treasurer.
The Secretary profusely thanked me and regretted he did not seek advise of experts like I C Naikji who gives it free. We have decided to post pone elections now. But a problem is Chairman and the rest of the members excluding two of is did not want to continue and did not want to resign either. He requested me to raise the question to you namely the Bye Law Number 129 allows co-option of maximum of two seats and we have to fill up Seven. What to do?
Secretary asked me to call Naikjee up and seek his advice, seems to be knowing well.
I was amused. I said “I know him very well, but he does not know me.” His address is info@www.indiancooperative.com Any way I am sure he will respond very fast just as he did last time.
So please save my face dear Naikjee
Shankar Nair
I C Naik replies
Dear Shankar Nair
You had rightly observed a copy of 2009 Model Bye Laws in the hands of the Treasurer. But not realizing its implications you could not satisfy the happy Go lucky office bearers – sincere cooperators.
This C H S as you wrote earlier has bye laws originally registered in 1997. The Treasurer carrying the 2009 Model appears to be a misnomer in his mind that latest Model is mandatory for all housing societies in Mumbai.
Happy Go Lucky must still function as per registered Bye Laws and its Bye Law No 127 is to be followed for filling casual vacancies reading as under: QUOTE In the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, the Committee may fill in such vacancies by co-option on the Committee of any other members, eligible to be on the Committee, irrespective of the fact whether there is the quorum or not, not withstanding anything contained in the bye-law No. 125.
The question you have raised as to how to fill up 7 casual vacancies when the Bye Laws permit maximum 2 only has arose because the Bye Law No 129 of Model 2009 says so. QUOTE: In the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar, the Committee may fill in such vacancies by co-option on the Committee of any other members, eligible to be on the Committee, irrespective of the fact whether there is the quorum or not, not withstanding anything contained in the bye-law No. 127. However such vacancies by co-option shall not be more than two.
Happy Go Lucky Secretary and Treasurer are good enough to fill 7 casual vacancies as two members are enough to conduct business only of filling casual vacancy business only of filling casual vacancies. If only one of the two Secretary and Treasurer were to continue they will have to hold two meetings to avert crisis. Now the way for you to join the managing committee. CONGRATs in Advance and wish you good luck in good governance of Happy Go Lucky CHS