CHS defaulter voting rights

EXCEPT for contesting elections for the post of mg.committee,  the outstanding-defaulter member has all the members rights, including voting.

The CHS may file a proceeding u/s 101 of the MCS Act, to recover its outstandings,  BUT  the rights of the members cannot be suspended.

Keep Smiling .... Hemant Agarwal

We formed a society in July 2007 under the non co-operation of the Builder. At the first  AGM , the formal procedure of putting up the CHS member list 45 days before the election date, appointing a Returning officer, scrutinizing of the names of the members who wish to stand for election , preparing the ballot paper and organizing secret ballot voting  was not done.

Instead, when the election agenda was taken up . the chair asked if anyone (from those who were present )wanted to get elected to MC , none came forward. Some suggested that the ad-hoc committee should be asked to continue. To this suggestion there was no opposition ,  so the chair declared that adhoc committee would continue as the MC for a period of 5  years. As per the provision of the Law, Bonds have been signed by all the MC members and submitted to Asst Registrar SRA.

Now in 2010 some members(they are defaulters and orders for recovery under Sec 101 have been passed by the Registrar)  are claiming that the election were not held and as such the MC is illegal. Is there any provision in the law, whereby the MC members  election can be ratified at any of the following AGMs, or alternatively can there be a re-election . In that case will all the conditions of 45 days etc have to be followed? Awaiting your valuable advice.

Shashikant Madkaiker

If it is a matter of record and minuted with majority present, defaulters can't do a thing.

DULY CONSTITUTED MG.COMMITTEE ( MC)  =   Compliance of Election procedures, which in turn means, agenda for MC elections, Date Fixation, Appointment of Returning Officer (RO), Preparation of Valid members list, Distribution & Validation of Nomination Forms, Voting by Ballot, Declaration Results declared by RO (elected by vote or elected unopposed) .... (takes approx. 45 days)

ALL & ANYTHING else is  "ILLEGAL & UNAUTHORISED"  and has no legal value in the eyes of law  AND   "NO RIGHTS"  derive to the MC to run the society affairs, WHATSOEVER (even if it is done in good faith)  AND neither such MC can file any legal proceedings u/s 101   .OR.   WHATSOEVER, to recover default amounts from society members.

An "ILLEGAL & UNAUTHORISED"  MC has no value, even if MC has filed in the Indemnity Bonds.  The chairman has got no authority to ask the members if they wanted to get elected to the MC.   The chairman has JUST SIMPLY to announce elections and appoint an "RO" for the purpose.

IF  nobody is interested to become MC members,  THEN it is mandatory to hand over the society affairs to the Registrar of Coop.  AND BETTER STILL,  it is more best to de-register the society.

BTW.  Hope our ministers and MLA's  also say the same thing and get themselves appointed without elections, year after year.  No need of Election Commissioner office, No need for Election I.D. cards,  No election campaign or Rigging or slogans or posters.  Straight to the Parliament and Take-Over India.

Keep Smiling .... Hemant Agarwal
 

Dear Hemant Sir,

You are saying Defaulter can not contest election but can vote.

But when I checked the Byelaws its mentioned that Defaulters cannot take part in election process, means cannot vote and contest right?

What is meaning of Defaulter?

Pls revrt.

Mr. Vijay

Which bye law are you referring to? Is it Model Bye laws? If so, can you give me the bye law No. In any case Bye laws do not have the force of the law of the land. Any bye law which is in conflict with the Co-operative Societies Act or the Rules will not be valid. According to Maharashtra Co-operative Societies Rules, 1961 members who default payment to the Society have not only the right to vote, but also they can propose or second names of candidates for contesting elections. 

Action against defaulting members and election to the MC are two different matters. If the election was not done properly you can hold fresh elections. If at least some persons come forward and their number is less than the number required for the Managing Committee, all of them can be declared elected. Such members of the MC can co-opt other members to the Committee.

Action taken against the defaulters by the existing MC is protected by Section 77 of the Act.