Committee election process for a co-op society

Rikhav Thakkar (Querist) 06 July 2021 This query is : Resolved
Our secretary has been avoiding elections since last more than 5 to 6 years saying the registrar has been intimated but they are not coming for the election. He has shown us a circular that shows that during these corona times the elections cannot be held until 31st august 2021 and has shown us some news clipping.
We are a very small society of 40 flats and have not conducted any election/selection since last at least 10 years.
I would like to know if there indeed is any circular that says we cannot hold elections before of corona. Can the elections be conducted online?
Does a small society like ours need to have the registrar's presence to conduct elections? if yes, does the government have a specific timelines within which the registrar will give appointment for the being present in the election? We are being constantly told by the secretary what we tried for elections called the registrar but for years they did not give us appointment and when followed up they asked for 50,000/- to come and do an election.
We are a society of just 40 flats and elections have not taken place since last 10-12 years and most of the committee members had vacated the chair and only the secretary is running the society along without any other committee members concent.

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This discussion addresses the prolonged delay in committee elections for a 40-flat co-op society in Mumbai, where elections haven't occurred for over a decade. The secretary has cited COVID-19 restrictions and alleged difficulties in securing registrar appointments, including a demand for a significant fee. Members are seeking clarification on whether elections can be held online, if the registrar's presence is mandatory for smaller societies, and the process for conducting elections post-COVID restrictions. The conversation also touches upon the legal requirements for holding elections every five years and the role of a Returning Officer.

Rikhav Thakkar (Querist) 06 July 2021
This society is in Mumbai Maharashtra

kavksatyanarayana (Expert) 06 July 2021
All the members of the society (except who is not an EC member or not an interested member) shall complain to the Registrar/Dy. Registrar of Cooperative House building Societies/RERA by registered post.

SHIRISH PAWAR, 7738990900 (Expert) 07 July 2021
Hello,

There is a circular that the existing society managing committee will continue due to corona. However, you can complain to co. op. registrar about the irregularity in the society. You can ask for an election in the society to co. op. registrar.

Dr J C Vashista (Expert) 08 July 2021
COVID-19 restrictions/ lock down started since 25.03.2020 whereas elections could have been completed much before it, did you (members) report the matter to RCS ?

P. Venu (Expert) 09 July 2021
As soon as current restrictions are over, the members a requisition a General Body and resolve to hold the elections. It is also possible to pass a resolution during General Body,if any, convened during the period of restrictions.

Rikhav Thakkar (Querist) 09 July 2021
Thank you All. Can the elections be held without the registrar's presence in the society after the covid restrictions are over? Can we select new committee members in an AGM and inform the registrar about the new members or that cant be done. Just to remind again...ours is a 40 flat society in Mumbai, Maharashtra

T. Kalaiselvan, Advocate (Expert) 14 July 2021
Within the first three months of registration of the society, the Chief Promoter is required to call the First General Body Meeting of the society, Election being one of the topmost priorities of the meeting along with the constitution of the Provisional Committee until regular elections are held under bye-laws of the Society. Regular elections are supposed to be held once every five years as per the Bye-Laws.
According to a recent amendment, any eligible or associate member is to be granted the right to vote as soon as he/she is admitted as a member of the society.
Each unit of a housing society has a vote. For example, if you own multiple flats/houses in a society, each of them is liable to get a vote. Even those who default payments are allowed to vote.
Model Bye-Laws from 114 to 116 have put forth certain laws that help you in forming a strong and reliable Managing Committee.

Members of the Committee are to be elected every five years (before the expiry of the five-year term). An E-2 form to be submitted to the to the District Co-operative Election Officer or Taluk or Ward Co-operative Election Officer six months prior to the expiry of the Committee period of the society
In order to oversee the objectives, special requirements or functions of the Society, two Expert Directors and/or two Functional Directors may be co-opted. But they will have no right to vote and do not count as members of the Managing Committee.
At least three months prior to the Election date, the initial procedures must be declared to the voters by the Managing Committee ( or the Provisional Managing Committee in case if the first Election is to be conducted).

A Returning Officer should be appointed to carry out the Voting Procedures and ensure adherence of the rules. A Returning Officer should be someone who is not contesting the Election in any capacity. Nor should he be proposing or seconding a candidate. In other words, he should be an absolutely unbiased and trusted individual. Usually, someone takes up this position voluntarily. Otherwise, members jointly entrust the responsibilities on a member they deem fit for the duties. In many cases, a financial compensation is made to the Returning Officer for his professional services.

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