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Discussion > Legal Documents > Others > Co-operative society chairman voting rights   Unanswered Threads Post New Topic

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There are 7 Replies to this message


Suhail


TW
[ Scorecard : 24]
PRO CHAT CALL
Posted On 30 April 2012 at 00:07 Report Abuse

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?



Hemant Agarwal


ha21@rediffmail.com Mumbai : 9820174108
[ Scorecard : 2464]
PRO CHAT CALL
Posted On 30 April 2012 at 10:15

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

 

Keep Smiling .... Hemant Agarwal


JANAK RAJ VATSA


ADVOCATE
[ Scorecard : 1758]
PRO CHAT CALL
Posted On 30 April 2012 at 19:40

he has only casting vote rights


sumeer kumar sharma


Prop.
[ Scorecard : 33]
PRO CHAT CALL
Posted On 30 April 2012 at 20:32

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
[ Scorecard : 2148]
PRO CHAT CALL
Posted On 01 May 2012 at 12:37

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
[ Scorecard : 2464]
PRO CHAT CALL
Posted On 03 May 2012 at 10:40

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
[ Scorecard : 1758]
PRO CHAT CALL
Posted On 03 May 2012 at 19:11

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
[ Scorecard : 2148]
PRO CHAT CALL
Posted On 06 May 2012 at 19:11

@ 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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