How do we conduct a general elections in a chs when there is only an admin committee?
Bala
(Querist) 21 December 2013
This query is : Resolved
Hi,
We are a co-operative housing society in Mumbai. An administrator was appointed by the registrars office in December 2012 after our MC resigned. After a period of 6 months an admin committee was formed for the sole purpose of carrying out normal day to day activities in a CHS. Now as of Nov. 13 the registrar office is again sending an administrator, we as members of a CHS do not want an administrator. The registrars office has frozen our accounts saying that only an administrator can operate these accounts. We as members of the CHS want to have general elections and have a MC in place in order to oversee the day to day running of the CHS.
Please advise how do we go about doing this?
I have read on the internet that the State Commission Election Authority has to oversee these elections?
Do we also have to call the registrar to oversee the elections too.
Please don't be misguided by the fact:
we have 42 members in our CHS and the whole majority of members are not in favour of redevelopment nor is any developer involved in the same.
Kindly advise.
We have been a very healthy society in Mumbai carrying out all the relevant procedure set up by the bye-laws.
Bala
P.S. The term of the defunct MC was supposed o be ending only in July 2015.
Raj Kumar Makkad
(Expert) 21 December 2013
If a unanimous resolution is passed by all members of the society with a request to arrange for the election, the administrator/registrar shall be bound to conduct such elections thereafter a per procedure so do as advised.
Bala
(Querist) 22 December 2013
Thanks for your response.
The State Commission Election Authority has not appointed various personnel to this commission's post including the Commissioner's post.
This is thereby causing GENERAL ELECTIONS to co-operative housing societies delayed to December 2014.
They are citing General Elections in the country in April/May 2014.
Please advise.
T. Kalaiselvan, Advocate
(Expert) 22 December 2013
expert Mr. Makkad's advise may be followed. First initiate the process and come o know later on abut the next formalities in this regard when you are stuck somewhere.
ajay sethi
(Expert) 22 December 2013
in case number of members are more than 100 SCEA will supervise and conduct elections . they have to be informed 6 months in advance before term ends .
in your case number of members are only 43 . you have to intimate SCEA in advance and they will send an observer during election process .
Bala
(Querist) 01 January 2014
Thanks for your response.
The State Commission Election Authority has not appointed various personnel to this commission's post including the Commissioner's post.
This is thereby causing GENERAL ELECTIONS to co-operative housing societies delayed to December 2014.
They are citing General Elections in the country in April/May 2014 for this delay.
Please advise.
