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Elections in a co-operative housing society (Others)

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This query is : Resolved


Author : Sanjay Nair

Posted On 19 October 2011 at 16:30

Sirs,
1)Can a paid Manager of the Housing Society contest in the Societys election if there are no other disqualifications?
2)In terms of the Govt. Gazette Notification dtd.29/10/2003, the two year membership criteria for contesting in Co-operative Society's election is not mandatory now. Since no amendments have been made in the Bye-Laws and / or Rules in this regard can the same be made applicable? Please confirm.
3)If no nomination papers are received by the stipulated date how will the Returning Officer conclude the election process?





Expert : ajay sethi

Posted On 19 October 2011 at 16:37

1) . a manager is not a member . he cnanot contest elections .

2)if no nominations are recieved for elections then memebers in AGM generally elect members of managing Committee

3)the problem is that no mmebers want to contest elections as it is a thankless job and you receive only brick bats for work being done by you .
4) if no member is ready to be a managing committee member then administartor will be appointed for society



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 19 October 2011 at 17:50

Agreed with Shri Ajay Sethi. Any change in election terms, even on account of notification, is needed to be incorporated in the Bye-laws by passing resolution in the AGM.

But, mind it, if the members of the society are not willing to serve themselves, they should become ready to get terms dictated by the administrator, if appointed by the Registrar.



Expert : ajay sethi

Posted On 19 October 2011 at 21:49

members should volunteeer to serve the society . let 5 members be elected unooposed . it is in interest of society that no administartot takes charge



Expert : prabhakar singh

Posted On 19 October 2011 at 23:07

Agree with Mr.Sethi's opinion.



Author : Sanjay Nair

Posted On 20 October 2011 at 10:00

Sirs,
My first query was not clear and hence I would like to elaborate on the same. The question is whether the Manager (who happens to be a member of the Society) is eligible to contest the society elections of the Society if there are no other disqualifications?

Secondly, as per the Government Gazette Notification dtd.29/10/2003, the two year membership criteria for contesting elections of the co-operative housing societys has been done away with. Even though no amendments have been made to the Bye Laws in this regard, it has been confirmed by the Mumbai Dist. Housing Federation that the two year criteria is not mandatory now. Moreover, is the Gazette Notification not enough to make it applicable?


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