Cooperative housing society in pune maharashtra state

Disqualification of a Chairman and Secretary is governed by Rule 58, 63A and 64 of the MCS Rule, 1961 which has been substituted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).]

Many thanks for your valuable legal views.

However I need more legal views on my question. 

Best regards 

Both the disqualified persons cannot participate in current session and debarred for next one term in terms of proviso 3 to sub-Rule 1 of Rule 64 of the MCS Rules, 1961, which reads as:

Provided also that, no member of the committee so removed shall be eligible to be re-elected, re-co-opted or re-nominated as a member of any committee of any society till the expiry of period of next one term of the committee from the date on which he has been so superseded or removed.] 

[Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] 

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In general case when Registrar of Societies suspends office bearers , they appoint administrative officer for the society. Administrative officer conducts Special General Meeting within 7 days of his / her appointment.

In said SGM , New Chairman and Secretary appointed ( either by voting of committee members or by choice of administrative officer ) . Then after newly appointed Chairman and Secretary has to conduct the skipped Annual General Meeting within 1 month of their appointment.

Thanks a lot for your valuable legal opinion.

Best regards 

You are welcome for your appreciations.

You may first ascertain whether it is disqualification or suspension.

You may go through the orders passed by the deputy registrar in this regard and see what is written in it about future course of action in this regard.

You have not given any details to enable us to render further and proper opinion to your query.

Sir

Many thanks once again.

The DR order says that both the chairman and the secretary stands disqualified for a period of 6 months from their respective positions from the date of DR order ie.30th April.  And also their membership from the MC stands cancrlled.

So what action must the remaining members of the MC take.

And also what options are left for the disqualified Chairman and secretary 

The disqualified chairman and secretary of a Cooperative Housing Society (CHS) by order of the Deputy Registrar are no longer allowed to hold their positions or participate in the society's governance. 

They may also be barred from contesting future elections, depending on the specific order.

The Deputy Registrar's order is a formal decision that has legal consequences for the individuals involved and the society itself. 

The order may also include a period of disqualification, meaning they cannot hold any position on the managing committee for a specified duration, such as six months.

The Maharashtra Cooperative Societies Act, 1960, provides a mechanism for individuals to challenge the disqualification order. They can appeal to the Deputy Registrar or the Cooperative Court, outlining the reasons for their challenge. 

The society will need to elect new officers to replace the disqualified individuals, and a new management committee may be formed. 

The Deputy Registrar's order ensures that the society's governance is in compliance with the law.  

Respected Advocate 

Many thanks once again for your detailed legal views

Best regards 

You are welcome for your appreciations.