Can nominee or associate member attend agm
D Chavan
(Querist) 26 January 2015
This query is : Resolved
I am from Kandivali, Mumbai. as per 97th Constitutional Amendment, Society Bye-Laws, Maharashtra Society Cooperative Act and Rules are also amended. Now there are two types of Associate Members.
1. Associate member: Who has become such member by contributing in purchase of property jointly. He can take part in Election of the society and attend AGM with the permission of the first owner.
2.Associate Member: Who has become such member with the written consent & by paying Rs.100/- as entrance fee, who has no right in the property.Cannot take part in Election of the Society.
I want to know whether Associate Member No.2 can attend the AGM of the society.Any procedure?
Nominee is care taker of the property of deceased member who has no right in the property. We admit NOMINEE as member of the society as per Nomination form submitted by deceased member &as per Bye-Laws of the society.
I want to also know whether NOMINEE can attend AGM of the society or Contest election?
Knowledge persons are requested to give their valuable opinion as I am not able to find from amended bye-laws or MSC ACT
Dr J C Vashista
(Expert) 27 January 2015
The nominee can neither attend the AGM in the Cooperative Society nor have any right to vote/contest.
Consult a local lawyer.
ajay sethi
(Expert) 27 January 2015
once nominee has been made as member of society he can attend AGM and contest for elections
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
The second type of associate member has no right to attend or cast his vote in the AGM or any meeting of the society. The nominee, once becomes a confirmed member, can have the rights of the deceased member.
D Chavan
(Querist) 01 February 2015
T Kalaiselvam sir my point is not cleared. I totally agree that as per 97th Constitutional Amendment, who has right (contribution for purchase) in the property i.e whose names stand in agreement and HOLD THE SHARES JOINTLY,can vote and contest election if he is active member and not defaulter. So I am cleared that Second type of Associate Member cannot take part in election as he has no right in the property.
I have heard that since nominee is not the owner (may or may not have right in the property) of the property cannot participate in the election.
My question again is that
1. whether nominee can attend AGM, take part in election (voting and contesting)
2. If second type of Associate Member cannot attend AGM what the reason behind behind accepting such membership? Because as per Maharashtra State Society New Model Bye-Laws Annexure No.5 is for Both type of Associate Members. So if Second type of Associate member submit this form to society what right does he get?
Please clarify my query.
