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LATEST ARTICLE
Election Rules 2014
Published By (Mohanraj ), Date (09 Dec 2014)

The Govt. of Maharashtra has Published the Maharashtra Co-operative Societies [ Election To Committee ] Rules 2014 in the Official Gazette on 11.09.2014

The full text of the Rules is available at

http://mahasahakar.maharashtra.gov.in/Site/Upload/GR/Part%20IV-B%20Ex%20221%20pdf.pdf

The Salient Features as applicable to Co-operative Housing Societies is as under .

  1. Four Types of Societies have been Defined.

The Housing Societies with less than 200 members is Type “D”,

Housing Societies with 200 or more than 200 members and   Industrial Estates [ irrespective of number of members ] is defined under Type “C” .

Premises Co-operative Societies have not been specifically defined either as type “C” or as Type “D”. However, all catagories of societies which are not specifically defined under any Type, has been clubbed in Type “C” and accordingly, all Premises Co-opera tive Societies are of Type “C”.

 

  1. All Dy. Registrar / Asst. Registrar of the respective Wards, have been additionally designated as District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, as the case may be.

 

  1. ELECTION TO TYPE “C” SOCIETIES.

 

  1. These societies shall inform before one hundred eighty days about expiry of term of committee to the Taluka or Ward Co-operative Election Officer with four copies of list of active members.
  2. The Taluka or Ward Co-operative Election Officer shall appoint a Returning Officer from office of the Co-operation Department and the Returning Officer shall prepare a election programme with the approval of Taluka or Ward Co-operative Election Officer, at the earliest.
  3. If the nomination is rejected by the Returning Officer, the candidate may prefer an appeal to Registrar within a period of three days from the date of rejection of nomination. Registrar shall dispose of such appeal within ten days of the date of receipt of such appeal.
  4. The Returning Officer shall submit the result to the Taluka or Ward Co-operative Election Officer within two days from the date fixed for declaration of the result.
  5. The Taluka or Ward Co-operative Election Officer shall publish a notification of elected candidate within a period of three days after receiving the result of election and give direction to Returning Officer to choose office bearer within the period of ten days.

 

  1. ELECTION TO TYPE “D” SOCIETIES.
    1. The society shall prepare its list of voters and submit a copy thereof to the Taluka or Ward Co-operative Election Officer within seven days from the date of preparation.
    2. Election of these societies shall be conducted in Special General Body meeting called for this purpose. Such meeting shall be presided over by the person appointed, by the SCEA for this purpose. The notice of the meeting shall be issued by the Presiding Officer or by such officer, as the case may be at least fifteen days before the date fixed for such meeting

i.      Provided that, the General Body of the society by resolution may submit requisition to the Taluka or Ward Co-operative Election Officer, to hold the election as prescribed in rule 75, the Taluka or Ward Co-operative Election Officer shall proceed for the election as per procedure laid down Rule 75 : { i.e, as applicable to Class “C” societies” )

ii.      Provided further that, in case of failure of the Special General Body Meeting called for the purpose to choose member of the committee for any reason, the person appointed shall report to the SCEA or, District Co-operative Election Officer or, the Taluka or Ward Co-operative Election Officer, as the case may be, to conduct the election as prescribed in rule 75 : { i.e, as applicable to Class “C” societies” )

iii.      Provided also that, the person appointed for the election purpose shall have no right to cast a vote in any circumstances.

  1. The person appointed for election purpose shall attend the meeting and report the SCEA within two days of the meeting held for the purpose.

 

  1. Election of office bearers

As soon as the members of the committee are elected, the election of office bearers of any such society shall be held within the period of fifteen days from the declaration of the result as provided in its bye-laws. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA

  1. Specimen forms .

i.      Forms of report to be delivered by the committee of the society 6 Months before of the expiry of the period of the committee of the society …E 2 …

ii.      Provisional List of members …. E3…

[ Enclosed ]

  1. Some more features

 

  1. The committee of the society shall deliver a report in Form ‘E-2’ to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, as the case may be, six months before the expiry of the period of the Committee of the society
  2. Provisional list of voters for co-operative societies having individuals as members:— (1) A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. The member who is an active member shall be included in the provisional list. { For the first time election under these rules, all the members are deemed Active members ].
  3. Four copies of the authenticated provisional lists of voters in print as well as preferably in digital form shall be delivered by the committee of the society to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA, one hundred and twenty days before the date of expiry of the term of committee. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer within ten days from its receipt shall invite claims and objections from the members of the society.
  4. The provisional list of voters in case of individual shareholders, shall contain the surname, name, father’s or husband’s name (in alphabetical order), if any, with address as recorded in the register of members in Form ‘E-3’ of every person entitled to be registered as voter with such other particulars as may be necessary to identify him
  5. When the provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the concerned District Co-operative Election officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society during office hours within ten days from the date of publication of the provisional list of voters
  6. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, or as directed by the SCEA, after making such enquiries as deem necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections. Thereafter final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list finalized by the election officer after deciding all claims and objection shall be final list of voters
  7. The copies of the final list of voters shall be displayed on the notice board of the District Co-operative Election Officer and also on the notice board of the society at least ten days before the declaration of the election programme and in no case later than fifteen days from the finalization of claims and objections. The District Co-operative Election Officer may also cause it to be published on the official website of the SCEA, if any
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The Chief Minister kick starts a Special Drive to confer conveyance title to the housing Societies.
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QUERIES
Queries Do you have some issues which needs some professional clarification ? Post your query and get answers from our panel professionals. To post your query, please register as a registered user, and if already registered as a registered user, please log in and post your query. Answers will be available in this site, and can be viewed by others also.
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FREQUENTLY ASKED QUESTIONS
If the agenda items could not be completed,can the meeting be adjourned to any other suitable date?

What should the notice for the rescheduled general body Meeting notify?
If the agenda items could not be completed, the meeting can be adjourned to any other suitable date not later than 30 days from the date of the meeting, as may be decided by the members present in the meeting.
If the new date is not decided by the members present,then the new date should be decided by the committee & a Separate notice to be given without any agenda.

Specimen of the new notice.

To

All members,

Since all the items on the Agenda of the AGM held on ..........could not be conducted on the same day, the meeting was postponed.

Accordingly, to conduct and conclude the remaining items on the Agenda, the postponed meeting will now be held on ______ at _______ at ____________.

The meeting will start exactly at the time notified above, irrespective of the number of members present. All the members are requested to be present in time.
For ...

Secretary .,

date
How to elect new managing committee OR how to co-opt new committee member?
The state had amended the Maharashtra Co-operative Societies Act, 1960 for the election of Managing Committee of Housing Society. Though the state government has postponed the elections to co-operative societies till the end of 2014, there is no clarity on rules for elections to housing societies. The rules for election to housing societies have to be framed by the State co-operative Election Authority. The election authority will supervise, control and conduct polls to all registered co-operative societies. However, it has not appointed the election authority that is the state co-operative election commissioner so far.

If the Committee is very keen though it may not fit 100% of the required framework, the committee may follow below procedure:

a. In the event of vacancies in the Committee, caused on account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar, the Committee may fill in such vacancies by co-option on the Committee of any other members eligible to be on the Committee. However, such vacancies by co-option shall not be more than two.

b. The Committee may write to the Deputy Registrar that the tenure of the managing committee ended and seek his guidance to conduct fresh election.

c. In case of resignation of managing committee or the entire committee has been resolved, the committee may write to the Deputy Registrar for their guidance to conduct fresh election. This has got an inherent danger of the Deputy Registrar desolving the committee and appointing an administrator and hence not suitable.
OUR BALANCE SHEET FOR THE YEAR 2012-13 IS ALREADY FINALISED AND ALSO AUDITED.

MANAGING COMMITTEE HAS CALLED AGM ON 26/05/2013 WITH GIVING 14 DAYS CLEAR NOTICE.

ONE SOCIETY MEMBER HAD RANG UP TO RESCHEDULE IT. THIS SOCIETY MEMBER CAN BRING SOME SIGNATURE OF MEMBERS.

WE WANT YOUR GUIDE LINE WHAT IS THE PROVISIONS IN THE BYE LAWS ?

YOUR GUIDE LINE IS EARNESTLY REQUIRED.
Bye_Law No 99:

The Committee shall decide the date, time and place of every general body meeting of the society and the business to be transacted thereat, provided that the business to be transacted at the requisitioned special general body meeting shall be only that mentioned in the requisition. The notice convening the general body meeting shall be issued by the Secretary of the Society accordingly as provided in Bye_Law no 163. On his failure to issue thenotice, the Chairman shall issue it.



It is very clear, that the date, time and venue of the AGM can only be decided by the M C and members do not have a say in it.



Mohanraj
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