Attending meetings in co op hsg society by a proxy in gujara
(Querist) 28 July 2021
This query is : Resolved
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 and how much time a proxy can attend the meetings with a written P.O.A , where a property owner has been advised that not to attend meetings for medical grounds
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.