LCI Learning
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Societies Registration Act

(Querist) 26 February 2017 This query is : Resolved 
The tenure of office bearers of our society is 3 years. Now only one year has been completed. What is the position of a society when all of Its Office bearer's quit the post? Now election is going to be conducted. When the tenure of office bearers is still subsist for 2 years . Will the election is for only the completion of two years or will it be a afresh one. Please answer.
ADV-JEEVAN PATIL, MUMBAI (Expert) 27 February 2017
As per bye law 120, duration of Committee for 5 years. If any member resigned during period, he may be replaced by co-opting other member until duration.Fresh elections are held after 5 years
ADV-JEEVAN PATIL, MUMBAI (Expert) 27 February 2017
As per bye law 120, duration of Committee for 5 years. If any member resigned during period, he may be replaced by co-opting other member until duration.Fresh elections are held after 5 years
Adv. Yogen Kakade (Expert) 27 February 2017
The internal issues of the coop society could be decided mutually by making new rules by passing the resolutions in the general meeting.
Bharat Vakil (Expert) 27 February 2017
As per Bye-laws 114[a] Election of all the Members of the Committee shall be held once in 5 years.

In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar
u/s 114(e)The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB
Bharat Vakil (Expert) 27 February 2017
As per Bye-laws 114[a] Election of all the Members of the Committee shall be held once in 5 years.

In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar
u/s 114(e)The Election of the Society shall be conducted by the State Cooperative Election Authority under section 73CB
Rajendra K Goyal (Expert) 28 February 2017
If election is for the full team normally it is for full time.

For specific reference refer the bye laws of the society.
Guest (Expert) 28 February 2017
Well Stated by Madam RK Goyal
Rajendra K Goyal (Expert) 28 February 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Bharat Vakil (Expert) 28 February 2017
My answer was to the question "What is the position of a society when all of Its Office bearer's quit the post? ".
It has been clarified that term of an elected Managing Committee is 5 years,there is no ambiguity.
Guest (Expert) 28 February 2017
Agreed with Madam Goyal
Rajendra K Goyal (Expert) 28 February 2017
Any vague / unwarranted / irrelevant / posts should be avoided.
Neither it is a good habit nor requirement of the thread..
Experts should try to be sober.
Hemant Agarwal (Expert) 13 March 2017
Apprehensively the referred ARROGANT Expert is a lascivious & perverted groper and is on a crusade to find the gender of other experts, rather than contribute some constructive advice to the queriest.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

Guest (Expert) 13 March 2017
You should bear one thing in mind that tenure does not mean the minimum period. That is the maximum possible period as per law. Any arrangement can be terminated lawfully during that tenure.
Hemant Agarwal (Expert) 13 March 2017
1. IF all the Mg.Committee members have "duly" resigned THEN it means that there is "constitutional failure" in the Society.

2. Inform the local ward coop. registrar, who will take over the society and arrange for fresh elections.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :