New election procedure for cooperative housing societies in Maharashtra

By Legal Bureau
By Sunil Deshmukh
District Deputy Registrar (Retd.)
For K.K. Ramani & Associates
The Government of Maharashtra has amended the Maharashtra Cooperative Societies Act, 1960 in 2013 and introduced new election procedure for cooperative housing societies.

We have explained the procedure as per the Act regarding elections to be conducted by the cooperative housing societies.  We trust that you will find the same useful.

Elections of Cooperative Housing Societies

1.    Maharashtra Cooperative Societies Act, 1960 has been amended on 13th August, 2013.  As per the amended provisions of Section 73CB(1), State Cooperative Election Authority has been constituted.  The Elections of all the Cooperative Societies have to be conducted as per the provisions of Maharashtra Cooperative Societies (Elections to Committee) Rules, 2014.

2.    The Housing Societies have been classified in two categories under the aforesaid Rules:

i.               Housing Societies having 200 or more members as on 31st March of the preceding year in ‘C’ Type.
ii.              Housing Societies having less than 200 members as on 31st March of the preceding year in ‘D’ Type.

Both type of Societies which are due for election has to submit the information in E-2 Format of the aforesaid Rules.
Form E-2
Forms of report to be delivered by the committee of the society 6 months before of the expiry of the period of the committee of the society.

Sr. No.

(1) Name of Cooperative Society with registration No. and Address

(2) Date of result which last election of managing committee was held declared.
?

(3) Date on which term of the present MC members in the office to expire.

(4) Names of the constituencies as per bye-law.

(5) No. of MC members to be elected against each constituency.

(6) Remark

(7)

Note:  The Certificate from the Chief Executive Office / Secretary of the Society to the effect that submission of provisional voter list will follow within 7 days shall be as under :

Certificate

I, Shri / Smt. _________________, Chief Executive Officer / Secretary of ___________ _________ Society Limited _________, hereby certify that –

(1)           The Society shall prepare provisional voters list of the members prior to that date and on or before expiry of 120/150 days.
(2)           The information furnished in the Form E-2 is as correct and derived from the records of the Society.
(3)           The particulars to be included in the provisional voters list shall be according to the Rules No.6 of these Rules.
Seal of the Society
Date :
Name and Signature of the
Chief Executive Officer / Secretary
Of the Society
The Elections of the ‘C’ Type Societies will be conducted Returning Officer appointed by the Assistant Registrar / Deputy Registrar of Cooperative Societies of concerned Ward.
Every society has to submit the information in above format to the concerned Assistant Registrar / Deputy Registrar.
The Elections of ‘D’ Type Societies will be conducted by the authorized officer appointed by the concerned Registrar.  The Societies have to submit a copy of the byelaw along with the Form E-2 to the concerned Registrar.  Society has to submit final list of voters to the concerned Registrar.   The society should prepare voters list considering Section 26(1), which reads as under :

26(1) a member shall be entitled to exercise such rights as provided in the Act, Rules and the Byelaws.

The members should be eligible as per Section 27 of the Maharashtra Cooperative Societies Act.  He should not be a defaulter under Section 73CA and should not be disqualified as per the provisions of Byelaws of the Society.

The relevant provisions of Section 27 are as under :

(1)  save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any society shall have more than one vote in its affairs and every right to vote shall be exercised personally and not by proxy.
(1)A – notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the Society and use the services upto the minimum level as specified, from time to time, in its byelaws, shall cease to be active member and shall not be entitled to vote.
(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 right to vote.
(8) No nominal member shall have right to vote (and no such member shall be eligible to be member of a committee)
Section 73CA (A)(e) of the Act : “a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under Certificate of posting demanding the payment of dues and such member fails to make the payment become disqualified.
A member who is having more than two children on or after 7.9.2001 is disqualified to become a member of the committee.
The Secretary /Manager of a society has to prepare a provisional voter list as per the I-Register of members and publish it on the notice board of the society calling the objection on it within 2 days.
After two days prepare a final list of voters and to be submitted to the concerned Registrar in four copies.
The Returning Officer shall be appointed by the concerned Assistant / Deputy Registrar with the prior sanction of State Election Commission.
The Returning Officer with the consultation of Registrar and Society will prepare an election programme and will display it on the notice board of the society.
Expenses of Elections
1.             Remuneration to the Authorised Officer Rs.750/-
2.             Election Funds – less than 25 members – Rs.2500/-
26 – 50 members         – Rs. 4000/-
51 – 100 members       – Rs. 5000/-
101 – 199 members     – Rs.7500/-
Strength of Managing Committee

No of member of the Society General Reserved ? ? ? Total Quorum of Meeting
? ? Women SC/ST OBC VJ/NT/SBC ? ?
Upto 100 6 2 1 1 1 11 6
101 to 200 6 2 1 1 1 13 7
201 to 300 10 2 1 1 1 15 8
301 to 500 12 2 1 1 1 17 9
501 and above 14 2 1 1 1 19 10

* Quorum for the meeting will be simple majority for the existing Committee Members.