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Suhail (TW)     30 April 2012

Co-operative society chairman voting rights

Under the MCS Act 1960, can the chairman be allowed to vote twice on a single issue? I was made to understand by the other committee members that on an issue firstly a chairman would exercise a vote on account of being a member to force a tie and then cast the casting vote.

From the various sites and in accordance with the constitution of india, it is one man one vote one value. Can someone through some knowledge on this topic?



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 7 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 April 2012

Chairman cannot vote for resolutions.  BUT can put in his "Casting Vote", during tie-ups.

 

Keep Smiling .... Hemant Agarwal

JANAK RAJ VATSA (ADVOCATE)     30 April 2012

he has only casting vote rights

sumeer kumar sharma (Prop.)     30 April 2012

There is no provision for anyone to vote twice on the same issue and in the same MC meeting.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2012

I am sorry to diagree with all the responses above. Our Society byelaws, which are same as the Model Byelaws say as follows:

133. Every member of the committee shall have one vote.  However in case of equality of votes, the chairman of the meeting will have a second or casting vote.

I am not aware of any Section or Rule in the Act or Rule which deals specifically with voting at MC meetings. But the wording of Section 27 regarding voting at general body meetings is similar to byelaw 133 which is reproduced above.

Please note the byelaws say second vote, which means that a Chairman can have two votes under certain circumstances. There is no need for a doubt or confusion.

 The original query has been puposely or inadvertently but perniciously worded which can be misleading. The phrase "to force a tie" suggests mala fide on the part of the Chairman, which need not be there.

A "tie" can result at a voting at a meeting or in a football game. But tie-ups are undesirable and prohibited at Society meetings.

If there is any Section or Rule contrary to what I have stated  I shall be grateful to the member who enlightens me.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 May 2012

Originally posted by :Dr. MPS RAMANI Ph.D.[Tech]
"


133. Every member of the committee shall have one vote.  However in case of equality of votes, the chairman of the meeting will have a second or casting vote.

"

 

The above bye-law provision pertains to the "Managing Committee" meetings  AND NOT TO GENERAL BODY MEETINGS.

 

Keep Smiling .... Hemant Agarwal

JANAK RAJ VATSA (ADVOCATE)     03 May 2012

bye laws of the society as approved by the dist registrar are the rule books which have to be followed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 May 2012

@ Adv. Hemant Agarwal

The query here was about Managing Committee meetings.

As I have already said Section 27 of the MCS Act deals with General Meetings. There also the principle is the same. The Chairman also will be a member of the Society. Hence he will have always one vote. The word "casting vote"  is used because it is an additional vote. The Chairman of the Society need not necessarily be Chairman of the meeting. If the Chairman of the Society is unwilling to preside for any reason, any other member can be co-opted as Chairman of the meeting. In such an event the Chairman of the Society as a member among the audience will certainly have one vote. The member who is actually presiding at the meeting will have his regular vote and if the occasion necessitates a second casting vote also.


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