Attending meetings in co op hsg society by a proxy in gujara
(Querist) 28 July 2021
This query is : Open
Dear sir/ madam,
Is there any provision to attend meetings by a proxy in co op hsg society in Gujarat ??? If yes ,On what grounds a proxy can attend the meetings and how much time, where a property owner has been advised not to attend the for some severe medical grounds???
(Expert) 31 July 2021
Proxy under Art.52 of Schedule I (central govt) means to authorise one person, to vote in one General Body meeting. That means it is valid for one vote in one meeting only.
T. Kalaiselvan, Advocate
(Expert) 25 August 2021
No proxy or a holder of power of attorney or letter of authority is eligible to attend an Annual General Body Meeting of the Society on behalf of a Member of the Society For conducting the business at the AGM, the law stipulates that a minimum number of members need to be present, called the ‘quorum’ of the meeting. A minimum of two-thirds of the total number of members, subject to a maximum of 20, should be present to constitute the quorum for the AGM. In August 2021, the Maharashtra government removed the ‘inactive member’ provision in Section 26 of the Maharashtra Cooperative Societies Act, 1960, thus, allowing all eligible members of the society to cast their vote in society elections held on or before March 31, 2022, irrespective of them attending the general body meetings. With this modification, the 2018 ruling that ‘inactive members’ cannot cast their votes or contest housing society elections does not hold true anymore. In 2018, the Maharashtra government had made an amendment to Section 26 of the Maharashtra Cooperative Societies Act, 1960, which stated that any member of the society who had not attended five successive general body meetings, would be termed an ‘inactive member’. As a result, he would lose his membership rights, including contesting elections and casting votes.
According to the amendment in 2021, to Section 26 of the Maharashtra Cooperative Societies Act, 1960, a non-active member has the right to vote and contest society elections. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend the AGM of the Society.
(Querist) 25 August 2021
T.Kalaiselvan sir , thank you for your guidance but I am not residing in Maharashtra , I am resident of Gujarat . I hope Gujarat also be having some provision for proxy into cooperative Housing society..if you can put some focus on it , I will be obliged.