Hi Shreyas,
Your query regarding the inclusion of an associate member in the provisional list of voters during housing society elections involves key aspects governed by the Maharashtra Cooperative Societies Act, 1960 and the relevant Model Bye-Laws.
1. Entry of Associate Member in Share Register or Share Certificate: As per Bye-Law No. 20 and 23 of the Model Bye-Laws, an associate member can be admitted with written consent of the original member and upon submission of the prescribed application. However, an associate member’s name is not recorded on the share certificate—only the name of the original member appears. That said, the share register (Form J) maintained by the society should reflect the associate member’s name after due admission.
2. Is Entry of Associate Member Prohibited?: No, it is not prohibited. Entry in the share register is permissible and required for official recognition of associate membership. However, entry on the share certificate is not required nor provided for under the law or bye-laws for associate members.
3. Member Number in Electoral Roll: The associate member does not get a separate member number; the electoral roll will mention the associate member under the original member’s number, clearly specifying that the person is an associate. For voting rights, only one person (either the original member or a duly registered associate member with written authorization) is allowed to vote, as per the latest election rules.
So, if the associate member is not reflected in the share register, they will not be eligible for inclusion in the provisional list of voters. Therefore, before finalizing the list, ensure that the associate member is properly recorded in the society’s records with written consent from the original member.
You can get in touch with me at adv.vishesh@icloud.com to discuss this further.