Section 73ca with regards to maharashtra ordinance no ix of 2019.

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Information solicited:

1. Please provide me the certified copy of the order/notification that states restrictions/bar on contesting in elections of Housing Societies by parents who are having more than 2 children.

Section 8 of the said Ordinance [Maharashtra Co-operative Societies (Amendment) Ordinance, 2019] provides that provisions of Section 73 ca are not applicable to Housing Socieities-

8. After section 154A of the principal Act, the following CHAPTER shall be inserted, namely :—

CHAPTER XIII-B

CO-OPERATIVE HOUSING SOCIETIES

154B. (1) The following provisions of this Act shall apply mutatis mutandis to the housing societies, namely :

— Section 1, clauses (5), (6), (7), (8), (10), (10-ai), (10-aii), (10-aiii), (13), (14), (16), (17), (18), (20-A), (21), (24), (26), (27), (28), (29), (29A) and (31) of section 2, sections 3, 3A, 4, 5, 7, 9, 10, 12, 13, 14, 15, 17, 18, 19, 20, 20A, 21, 21A, 22, sub-sections (1), (2) and (3) of section 23, sections 25, 25A, 31, 33, 34, 35, 36, 37, 38, 40, 41, 42, except proviso of sub-section (1) of section 43, section 45 and sub-sections (1)(b), (2) and (3) of section 47, section 50, clauses (a) (c), (d) and (e) of section 62, sections 64, 65, 66, 67, 68, 69, 70, 71, 71A, 72, 73, sub-sections (2) to (7) of section 73ID, except sub-section (4) of section 73B, sections 73C, 73CB, 73CC, 73F, 73I, 75, 76, 77, 77A, 78A, sub-sections, (1), (1A), (1B), (2), (3) and (4) of section 79, sections 79A, 79AA, 80, 81 to 89A, 91 to 100, 102 to 110, 145 to 148A, 149 to 154, 154A and 155 to 168. 

(2) The following provisions of this Act shall not apply to the housing societies, namely :—

Clauses (1)(a) and (b), (2)(a), (b) and (c), (4), (9), (10-aii-1), (10A), (11), (11-A), (12), (14-A), (15), (16-A), (19) (a), (a-1), (b) and (c) (19A), (22), (23) and (25) of section 2, sections 6, 8,11, 16, 18A, 18B, 18C, 23(4), 24, 24A, 28, 29, 32, 32A, 39, 44, 44A, 46, 47(1)(a), 47(4), 48, 48A, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62(b), 69B, 72A, 73B(4), 73(1A)(b), 73A, 73AAA, 73CA, 73D, sub-section (1) of section 73ID, sections 74, 78, 101 and sections 111 to 144-1A

This is the real contribution to the forum Mr.Venu and you certainly deserve high appreciation for the prompt and detailed guidance to the query.

Sir thank you very much foryour prompt reply.

We have MC elections in our society and couple of members had submitted this ordinance to be society that henceforth we can contest the elections. 

The Chairman and Election officer has send us General Guidelines stating as per provision of New Maharashtra Co-operative Societies (Electio to Committee) (Amnedment) Rule 2019 issued on 7/4/2021 members having more than 2 children are not allowed to contest election.

Sir can you revert if this is correct whatwhat does current rule mention. 

Regards.

Presuming all this you were advised to file online RTI for getting authentic clarification from the same dept.,

sub clause (v) of 154B-23 (1) clearly states that if he incurs any of the disqualification similar to that mentioned in the provisions of clause (vii), (viii) or (ix) of clause (f) of sub-section (1) of section 73CA.

clause vii is about disqualification for having more than two children.[(vii) has more than two children