Ratification of MC in subsequent AGM

Be clear and specific. Members are elected by the members of the Society. So, what ratification are you talking about? If it is a co-opted member, no approval of GB is needed. MC can co-opt if there is a vacancy.

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