Q1. Who conducts the elections for housing societies in Maharashtra?
Elections in cooperative housing societies are conducted under the supervision of the Maharashtra State Cooperative Election Authority (SCEA). For larger societies (with 250 or more members), the election is managed directly by SCEA-appointed officers. For smaller societies, elections may be conducted by the managing committee following the rules notified.
Q2. What is the eligibility for voting in housing society elections?
Only active members whose names are included in the final voters’ list are eligible to vote. Members must clear all dues and ensure that their names are correctly recorded in the society’s membership register before the cut-off date.
Q3. How is the voters’ list prepared?
The managing committee prepares a provisional voters’ list based on the membership register. Members can file objections or corrections within the given time frame. A final list is then published by the Election Authority.
Q4. What is the tenure of the managing committee under the new rules?
The tenure of an elected managing committee is five years from the date of assuming office, after which fresh elections must be conducted.
Q5. How are election officers appointed?
For societies with 250 or more members, the Election Authority appoints an Authorized Officer. For smaller societies, the committee may appoint an Election Officer from the approved panel, ensuring neutrality and compliance.
Q6. Can proxy voting be allowed in housing society elections?
No. Proxy voting is strictly prohibited. Only eligible members present in person can cast their vote.
Q7. What is the process of nomination and withdrawal?
Members must file their nomination forms with the election officer within the prescribed timeline. A scrutiny of nominations is conducted, after which candidates can withdraw if they wish. The final list of contesting candidates is then published.
Q8. How is voting conducted?
Voting is done through a secret ballot. The ballots are counted in the presence of candidates or their representatives, and the results are declared immediately after counting.
Q9. What happens if the committee does not hold elections on time?
If the society fails to conduct elections before the expiry of the term, the Election Authority may appoint an administrator to manage the society and conduct elections at the earliest.
Q10. Are there any disqualifications for contesting elections?
Yes. Members who have defaulted on dues, violated bylaws, or faced disqualification under the Maharashtra Cooperative Societies Act cannot contest elections.
Q11. What is the strength of the managing committee under the new rules?
The strength of the managing committee depends on the size of the society:
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Up to 100 members – maximum 9 committee members
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101 to 200 members – maximum 11 committee members
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201 to 300 members – maximum 13 committee members
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More than 300 members – maximum 15 committee members
This ensures proper representation of members based on the society’s size.
Q12. Who bears the expenses of housing society elections?
The election expenses are to be borne by the cooperative housing society itself. The society’s funds are used for expenses like printing of voters’ lists, ballot papers, stationery, honorarium of election officers, and other election-related costs. Members cannot be charged separately for election expenses.
Q13. Are there any reserved seats in the managing committee?
Yes. As per the Cooperative Societies Act and Rules, certain seats are reserved for women, members of Scheduled Castes/Scheduled Tribes, Other Backward Classes, and for nominal/associate members (where applicable).
Q14. Can an associate member contest elections?
Yes, an associate member can contest elections only if they hold written consent from the original member (the person whose name appears first in the share certificate).
Q15. How is the chairman, secretary, and treasurer elected?
After the election of the managing committee, the elected members hold a separate meeting under the supervision of the election officer to elect office bearers like chairman, secretary, and treasurer.
Q16. Can a defaulting member vote or contest elections?
No. A member who has not paid society dues within the prescribed time is considered a defaulter and loses the right to vote or contest in the elections.
Q17. How are disputes in housing society elections resolved?
Any disputes regarding elections must be referred to the Cooperative Court or the competent authority under the Maharashtra Cooperative Societies Act, 1960.