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Election in housing society

(Querist) 14 March 2014 This query is : Resolved 
In mumbai - how a 70 members CHS can held the elections of the managing committee. ?

kindly revert asap.
ajay sethi (Expert) 14 March 2014
All management committees and office bearers of co-operative housing societies whose term ended on March 31, 2013 cannot elect a new governing body on their own. Henceforth, elections of office bearers and the management committees of co-operative housing societies will be held by the State Co-operative Election Authority.
ars (Querist) 14 March 2014
Sehtiji, thank you very much for your quick response.

4 out of 8 committee members are willing to resign together, since they are incapable to continue.

the committee of 8 was appointed in dec'12 for 5 yrs.

2 resigned in 2012-13 - Other 2 were co-opted.
now 4 of them would like to quit together. hence, they decided to call a meeting to elect all 8 new members.

Whether the aforesaid rule is applicable in our case ? Can all 4 out of 8 members be co-opted and avoid the election procedure. if your answer is to held a fresh election then would you pl. explain the procedure to be followed for election by the state co-opertaive election authority.

Kindly revert at your earliest.

Thanks and regards,

ajay sethi (Expert) 14 March 2014
Maharashtra government puts off co-operative society polls by a year
Sunday, 29 December 2013 - 7:44am IST | Place: Mumbai | Agency: DNA

few months ago, the state government decided to set up an autonomous election authority for co-operative bodies, to be headed by a commissioner. The process was to be completed by the end of 2013. Now, the government has decided to postpone all elections to co-operative bodies till December 31, 2014, in view of the Lok Sabha and state assembly polls due next year.

The state election authority will now supervise, control and conduct polls in all registered co-operatives. This step was taken under the 97th Constitutional amendment, which aims to ensure autonomous and democratic functioning of co-operatives and accountability of the management to the members and other stakeholders.
ajay sethi (Expert) 14 March 2014
in your case elections were held in 2012 for 5 years . 4 have resigned 2 have been copted . dont accept resignations of other 4 members now . tell them to continue till fresh elections are held
ars (Querist) 14 March 2014

they would not continue.

but if we held an election now, do we have to follow the new rules?

could you pl. inform about the procedure to follow.

thanking you in advance.
Sudhir Kumar, Advocate (Expert) 16 March 2014
query does not describe exact problem.
ars (Querist) 22 March 2014
sorry for delay in responding, as i was out for some time.

the query is that out of 8 current managing committee's members have opted to quit by resignation.

the chsl would like to appoint a fresh m.g.of 8 members.

Query : The new requirements of inviting the election commissioner of the society to conduct the election process, has been made effective?
1. if not yet then can we appoint the new committee under the present / prevailing norms ? will it be valid?
2. if yes then what is the procedure to be followed ?

thanks.


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