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Society election

(Querist) 07 October 2013 This query is : Resolved 
Dear Sir,

Secretory of our society do not calls for meeting, members are complaining of water leakage in flat, water overflow, housekeeping, parking and repair works, if he calls for meeting there are very few members and in between of meeting he will go out for 10 mins and will come back after hour. We asked chairman about this he said it is his job to do not mine and he is also fed-up of his post because people come to his house for problems/complaining. Members are asking for election and wanted new member on committee secretory say we cannot have election because there is a stay order on society election because of new rule pass this year in MCS Act.

Kindly advise when we can have election in our society.
ajay sethi (Expert) 07 October 2013
when were last elections held ? has the term of MC over?
Anupam Jadhav (Querist) 07 October 2013
Dear Sir,

They will complete their 5 year term in March 2014.
ajay sethi (Expert) 07 October 2013
how many members are there in society . ? elections will now be held as per amendments carried out to cooperative societies act by election authority . 6 months prior intimation has to be given
Anupam Jadhav (Querist) 07 October 2013
Sir,

we are 48 members
ajay sethi (Expert) 07 October 2013
since number of members are less than 100 society will have to submit list of active members before holding elections . intimation has to be given 6 months in advance before term expires .
Anupam Jadhav (Querist) 07 October 2013
Sir,

Intimation should be given to SCEA? what if the committee failed to intimated in advance?
ajay sethi (Expert) 08 October 2013
your elections are due in 2014 . sufficient time to give intimation
Thyagarajan (Expert) 08 October 2013
All depends whether your society is registered under your state registrar of society act.
If so one fourth of the total number of members can call for emergency meeting of the General Body to elect new set of office bearers
Raj Kumar Makkad (Expert) 09 October 2013
Well advised by experts so no more to add.
Anupam Jadhav (Querist) 01 April 2014
Hi,

After so many arguments and fights our society took a decision on 1st of Feb 2014 to bring new committee and election was schedule on 9th Feb 2014 (as per secretory we can’t have legal election due to stay order by Bombay High Court) All society members decided to use cog system to replace all committee members one by one with the new elected members.

secretory have put notice for election.
1. on 12th Feb 204 collect nomination form for candidate and submit it before 16th Feb 2014 we submitted the form.
2. In 1st week of March secretory put up list of member who have filled the form and asked if someone wants to take their name back.
3. On 23rd March he put up the final list of members for election, female caddied was elected because there was no female opponent and one member removed because corruption case pending in court against him when he was treasury of society.
4. Till date we don’t have clue when is the election


Main part

Secretory don’t stay in our society from last 5 months he don’t answer our calls or meet us. Chairman doesn't speak on this matter he won’t call for meetings. Whenever we speaks about secretory he says he will submit his resignation soon(from December he is submitting his resignation and till date we are still waiting) Society is run by 3 members (Chairman, Secretory and Treasury) they do meeting at their home or take decision on phone for any matter they don’t call Committee member or meeting to take decision. Society members are into internal fights with each other and don’t want to come together to speak against them for their personal gain and internal politics.

Few of us are in problem we have planned our vacation well in advance and due to this election process we are unable to go to our native place because we have filled nomination form. I want to know what can I do in this matter legally and can I send them(all Committee members) legal notice for delaying elections.


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