Can member (who rented out flat) become secretary of society
Sanjay
(Querist) 23 December 2017
This query is : Resolved
Dear Sir,
In August 2017 as per procedure State Cooperation Election Authority officers took elections in our Society of 20 Members in Mumbai. 9 members selected & MC Committee also selected by Election Officer. Election Officer declared & submitted the official report.
One member complained that selected Secretary (rented out flat long time back & before 2016.) so he cannot become Secretary.
Sir, please guide on this
1) Can such member become Secretary. If YES/NO - pls give any bye-laws reference
2) Can that Secretary become normal MC Member & make other MC member as secretary within society meeting or election officer again required ?
Thanks in advance
Sanjay
(Querist) 23 December 2017
Would like to add below point
3) In complaint one member asked to declare "Election" to be illegal. Can ELECTION taken by State Coop Election Authority officers be declare as illegal ? if yes then on which basis ?
Guest
(Expert) 23 December 2017
How you are concerned with the society, complainant or complaint against the member, who became secretary?
R.Ramachandran
(Expert) 23 December 2017
While the tenant cannot be elected, a member (whether he has rented the flat or not) continues to be a member and therefore can definitely take part in the election.. There is nothing illegal about it, unless the Society's Bye laws disentitles a member who has rented out his premises from taking part in the election.
If anybody is aggrieved then let them approach the court and get the election declared void.
Till such time you can proceed with the election results declared by the Election Officer.
Sudhir Kumar, Advocate
(Expert) 24 December 2017
If you are secretary you have access to the registered bye laws of the society. read it.
Hemant Agarwal
(Expert) 24 December 2017
1. A bonafide "member" of the Society can become Secretary /committee member, EVEN IF his flat is rented out to anybody, legitimately.
2. Election results can be complained and challenged ONLY before the Coop. Court and not anywhere else.
Keep Smiling .... Hemant Agarwal
Sanjay
(Querist) 26 December 2017
thank you all experts,
one more query is that,
old MC committee submitted wrong voter list to SCEA as per E3 (1) (see rule 7 & 10), old committee added 2 members names on who's names membership/share certificate is not yet transferred & not available in "I", "J" register, one of the member elected as MC committee member.
what action can be taken against old MC for submitting wrong information to SCEA election board.or is there any challenge to new MC
thanks
Sanjay
(Querist) 27 December 2017
Dear Experts,
I came across some points in Bye-Laws which reads as below,
119. No person shall be eligible for being elected as a member of the Committee or co-opted on it, if:
(i)
(ii)
(iii)
(Vi)he does not reside in the society or he has rented or sublet his flat / shop.
still want to clarify whether such person become Secretary of Society ?
please reply
thanks
Hemant Agarwal
(Expert) 30 December 2017
1. There is no such clause in the Model bye-law and even if it exists in any specific Society's bye-law (via a amendment) THEN it is null & void.
Keep Smiling .... Hemant Agarwal
