Pundalika Achyutha Bhat 08 October 2022

Who can attend and participate in co-operative housing societies agm

(1) With reference to MCS Act Can a member of a co-operative housing society give authority letter to a person whose name does not appear on the housing society's Share Certificate to attend AGM and participate in the said AGM ,(including moving/proposing/seconding) any resolution ?.

(2) In case of multiple joint owners of a flat - can a member (whose name appears first/second/third or so) of a co-operative housing society give authority letter to a person whose name does not appear on the housing society's Share Certificate to attend AGM and participate in the said AGM ,(including moving/proposing/seconding) any resolution ?.

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3 Replies

M V Gupta (Advocate) 08 October 2022

Query No. 1: The member of a Coop Society cannot authorize another person to attend GB meetings by issuing a letter of authority unless the person concerned is either a joint member or an associate member. Proxies are not allowed in cooperative societies.

SR Krishnan 09 October 2022

Query (2): Neither Authority letter nor a POA nor a Proxy could be of any assistance in the affairs of the CHS at its AGM.

Considering the flat is held by multiple type of members, there should not be any difficulty to exercise the democratic duty under the MCS Act, which in any event can not be relegated to strangers.