1) it is mandatory to get MC elected through the election process
2) committee cannot take major decisions
3) Presence of election officer is must for holding elections
4) AGM cannot select MC
Election of managing committee of a housing society
In an earlier query i had sought advice on the validity of a managing committee that had not gone through the process of election through the registrar of societies but was unanimously elected/ selected by the general body of the society. i had received several responses from kanoon. while some lawyers suggested that the (ratification by gb) arrangement is valid, others opined that it is necessary to go through the election process through the registrar of societies.
My society lawyer insists that it is mandatory to go through the election process in maharashtra as per the provisions of the maharashtra co-operative societies ( election to committee) rules, 2014. further that until this is done, the existing committee is only a caretaker committee and cannot take any major decisions having financial/legal implications.
Now, i want an opinion in the light of the aforesaid rules/opinion, on the following:
1. is it mandatory in maharashtra to go through the registrar and conduct the elections
or
Is the selected committee ratified by the general body still valid?
if it is the first, do i have to call them to hold the elections or, can i complete the process and seek ratification?
If it is the latter, then can the committee perform all functions including share transfer, issuance of duplicate share certificate, etc.does the concept of caretaker committee exist at all? if yes, where is it defined and who decides what is "administrative' or otherwise?
Several people suggest that i can let matters be and continue as normal.Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
If the Election through Registrar is mandated, what it the status of the existing Committee until the new one is formed? Can the Committee function as in normal circumstances?
Asked 7 years ago
MC should refrain from taking major decisions
Yes presently the election procedure should be convened in presence of Dy Registrar or his representative for fair play. Committee can't ratify the acts done contravening to the MCS Act 1960.
1) Till new committee is elected on body by society members, the existing body can look after societies transaction. As normal circumstances without hesitation.
As per rules, it is mandatory for the society whether D or C to undergo the election process to conduct the elections.
Resolution passed by GB in this regard is not acceptable.
Conducting election is mandatory as per the rules of Maharashtra Co-operative Societies ( Election to Committee) Rules, 2014.
The caretaker administration can be having restricted powers to carry out day to day affairs.
All other major decisions can be taken by the elected body alone.
If the Election through Registrar is mandated, what it the status of the existing Committee until the new one is formed? Can the Committee function as in normal circumstances?
It can be considered as a care taking arrangement which has limited powers to carry out routine administrative functions.
The management committee will work till the formation and take over the charge.
The new committee should inform the registrar of the MC in writing.
Hi,
The selection committee ratified by the general body is valid but it is better to get the elections done. The present committee can't perform all the functions.
