MCS Act section 73 CA 1(IV)
sandeep
(Querist) 08 March 2017
This query is : Resolved
Our Housing Society registered under MCS Act. Last election was held in Apr 2012. The managing committee was elected in Apr 2012 not filled up M20 bond. I filed a complaint at Dy Registrar office under section 73 1AB. After the hearing was over Dy Registrar dismissed the entire managing committee under section 77A and appointed authorised officer. Now the appointed authorised officer is now hold the election. Now I have 2 question is 1) The earlier managing committee which was dismissed can stand for election? or they can't stand for election for next five years.The MCS Act section 73 CA 1(IV) is binding on above mentioned earlier managing committee and can they are disqualify for next term under MCS Act 73 CA 2 (3) 2) Which provisional list put on notice board only that member can stand for election?
Hemant Agarwal
(Expert) 19 May 2017
1. "Dismissal" of Committee is NOT EQUAL to "Disqualification".
2. Dismissed Committee members can contest elections, without any exceptions.
Keep Smiling .... Hemant Agarwal
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