Sachin Telang 05 December 2023

Query regarding cooperative housing society election process

Our society in Raigad contains 210+ members in phase 1. It is formed last year. The Accounts were not approved due to some discrepancies. The returning officer overlooked this and went ahead with the election process. He justified that earlier committee was only for 1 year ('hungami') and hence the new committee will now look at this afresh. Apart from account not approved we also had some other relevant issue like when a member is an office-bearer in one housing society, one cannot hold post in another society. This was also not complied to.

Was he right in justifying and going ahead with the elections ? What would our next step be as now the new committee is formed.

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 05 December 2023

The accounts shall be audited by a CA and approved by the society's AGM (now a new committee). If there is a specific clause in your society's bylaws regarding a member of a society being elected in another society, then there is no objection. If any discrepancy you may complain to the Dy./Jt.Registrar of societies.

Sanskriti Tiwari 05 December 2023

In situations like yours, it's crucial to adhere to the society's bylaws and relevant laws governing housing societies. If the accounts weren't approved due to discrepancies and there were violations regarding office-bearer positions, it might raise concerns about the legitimacy of the election process.

Typically, the election process should comply with the society's bylaws and relevant cooperative housing society acts. Disregarding discrepancies in accounts and violating rules regarding office-bearer positions could challenge the validity of the election.

One possible step would be to consult legal counsel well-versed in cooperative housing society laws. They can guide you on potential remedies, such as challenging the election results through appropriate legal channels. Providing evidence of discrepancies and violations will be crucial.

Additionally, provisions under the Maharashtra Cooperative Societies Act, 1960, and relevant case laws pertaining to similar election irregularities could be examined to understand the legal standing and potential course of action in such circumstances.

T. Kalaiselvan, Advocate (Advocate) 06 December 2023

The issue is very simple that the returning officer is entrusted with the job of conducting the election alone and not to travel beyond that to find whether the auidt report is proper or discriminatory or any other issue that is not coming under his purview.

The subject what you have mentioned has to be taken care of by the new office bearers as per the bylaws.

Sachin Telang 06 December 2023

Sir, in that case what is the role of returning officer for a class E type (members <250) of society ?

Surely it may be beyond his purview to check the audit/accounts but atleast can he not see as per the bye-laws/society act 1960 that elections can not be held if audit is not approved. Whose responsibility is it then to withheld the election - is it Dy registrar ?