Hi, I am residing in pune. Want to know some election rule for society according maharashtra rule. 1.is evoting permissible in housing society? 2. How election conduct in housing society . 3.can less than 200 member conduct election. 4.is any GR available for housing society 5.what other member do in case some people from housing society forced to election avoiding government norms.
The Election are conducted as per the Co-operative housing rules and norms by the Sub registrar. A election date is updated by the sub registrar after completing all forms, members details, and voting slip. All are done by the REgistrar. in the Society.
Yes, less than 200 member can conduct the election
Yes, GR are available in the form of Co--op Law rules and Act.
No, nobody can deny or avoid the election norms it only conducted as per Co-op housing rules.
Elections of Cooperative Housing Societies
Both type of Societies which are due for election has to submit the information in E-2 Format of the aforesaid Rules.
The Elections of the ‘C’ Type Societies will be conducted Returning Officer appointed by the Assistant Registrar / Deputy Registrar of Cooperative Societies of concerned Ward.
The Elections of ‘D’ Type Societies will be conducted by the authorized officer appointed by the concerned Registrar. The Societies have to submit a copy of the byelaw along with the Form E-2 to the concerned Registrar. Society has to submit final list of voters to the concerned Registrar. The society should prepare voters list considering Section 26(1), which reads as under :
26(1) a member shall be entitled to exercise such rights as provided in the Act, Rules and the Byelaws.
The members should be eligible as per Section 27 of the Maharashtra Cooperative Societies Act. He should not be a defaulter under Section 73CA and should not be disqualified as per the provisions of Byelaws of the Society.
The relevant provisions of Section 27 are as under :
(1) save as otherwise provided in sub-section (2) to (7) both inclusive, no member of any society shall have more than one vote in its affairs and every right to vote shall be exercised personally and not by proxy.
(1)A – notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the Society and use the services upto the minimum level as specified, from time to time, in its byelaws, shall cease to be active member and shall not be entitled to vote.
(2) Where a share of a society is held jointly by more than one person, (the person whose name stands first in the share certificate, if present shall have the right to vote but in his absence the person whose name stands second and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate who is present and who is not a minor shall have right to vote.
(8) No nominal member shall have right to vote (and no such member shall be eligible to be member of a committee)
Section 73CA (A)(e) of the Act : “a member who defaults the payment of dues to the society within three months from the date of service of notice in writing served by post under Certificate of posting demanding the payment of dues and such member fails to make the payment become disqualified.
A member who is having more than two children on or after 7.9.2001 is disqualified to become a member of the committee.
The Secretary /Manager of a society has to prepare a provisional voter list as per the I-Register of members and publish it on the notice board of the society calling the objection on it within 2 days.
After two days prepare a final list of voters and to be submitted to the concerned Registrar in four copies.
The Returning Officer shall be appointed by the concerned Assistant / Deputy Registrar with the prior sanction of State Election Commission.
The Returning Officer with the consultation of Registrar and Society will prepare an election program and will display it on the notice board of the society.
E voting is not permissible
2)the state government has allowed cooperative housing societies (CHS) having less than 200 members, to hold elections independently instead of conducting them under the supervision of the election authority constituted by the cooperative department
There is no bar on e voting it can be done by passing resolution. But it's better to go for manual voting in order to be safe from getting rigged.
Yes less than 200 persons can conduct election without representative from dy registrar office
You can complain to dy registrar If they avoid election.
1. Yes, e-voting can be allowed , if the members give their written consent to resolution.
2. The Election are conducted as per the housing society rules and norms by the Sub registrar.
- A Election date is updated by the sub registrar after completing all forms, members details, and voting slip.
- Within the first three months of registration of the society, the Chief Promoter is required to call the First General Body Meeting of the society,
- Regular elections are supposed to be held once every five years as per the Bye-Laws.
- Any eligible or associate member is to be granted the right to vote as soon as he/she is admitted as a member of the society.
- Each unit of a housing society has a vote. For example, if you own multiple flats/houses in a society, each of them is liable to get a vote. Even those who default payments are allowed to vote.
E voting can be done by members giving written consent to resolution and can be counted.
Only in case of elections E voting is not allowed.
Maharashtra Cooperative Societies Act 1960 to allow cooperative housing societies (CHS) having less than 200 members, to hold elections independently instead of conducting them under the supervision of the election authority constituted by the cooperative department.
1. As yet there is no legal provision for E-voting in a CHS and all votes have to be case in person.
2. Conducting elections in a less than 250 member society can be done in-house via a self-appointed neutral "returning officer", via proper publication of Provisional list, Final list, Nomination Forms, declaration of result, submitting all such copies to the coop. registrar.
3. GR is available on coop. dept. website. However this site does not have provision to upload such GR.
4. IF procedures described in above point no. 2, is not followed THEN the entire election shall legally be null & void and any such new Mg.Committee will be functioning illegally.
Keep Smiling .... Hemant Agarwal
VISIT:
1. E voting can be done only when the society has provided for it.
2. Without reading bye laws nothing can be said.
3. The process and manner of conducting elections must be spelled out in the bye laws.
Society can have it`s own bye law regarding mode of voting but one house one vote.
Within the first three months of registration of the society- First General Body Meeting of the society, Election being one of the topmost priorities of the meeting along with the constitution of the Provisional Committee until regular elections are held under bye-laws of the Society. Regular elections are supposed to be held once every five years as per the Bye-Laws.
NO, provisional committee will decide voting date and any member can refuse to vote.
Against violation of election, can complain to registrar.
1) e-voting is not permissible.
2) Election to be conducted as per the Co-operative Housing Society's rules.
3) Yes, less than 200 members can conduct election.
4) Yes, it is available in coop. housing society form.
5) In case if any member avoid, you can lodge complaint with Registrar.
1. No e voting is permissible in any election till date under any law.
2. Elections are conducted as per coop societies rules
3. Yes society having less than 200 members can conduct elections
4. Yes GR is available.
5. Member can send complaint to assistant registrar coop societies against members not following Govt norms for elections.
