Election should be conducted.
File a specific performance suit for getting the elections done
Can the Registrar appoint an administratr, if he feels that the election is not done properly by soc
Our housing society is at Borivali West with less then 250 members. We conducted election following all rules as far as possible. On complaint by couple of members, Dy. Registrar believes that the election is not done following proper procedures. My question is whether section 78 of Co-op society act gives authority to registrar to appoint an administrator in such case where there is no mismanagement in regular affairs of the society ? Further administrator is not taking any action to conduct election, even we requested him. He says there is no rules formed for election for below 250 members in society, so he can't conduct election. Please advice,
Asked 5 years ago in Civil Law
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17 Answers
Has deputy registered given any letter in writing that election was not held as per correct procedure
2)the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted, which should take place within six months.
Alternatively, a board of administration, comprising three members of the society, may be appointed.
Yes,Definitely the Dy Registrar of CHS Ltd has power to appoint authorized officer (earlier known as administrator) .
If complaint has been received by the Dy.registrar for irregularities in financial management, illegal activities being allowed by the office bearers and managing committee constantly then The Dy. Registrar has power to appoint authorized officer to look into the day to day affairs of the Society for the six months and after the verification of reports may take any action as he deems fit under MCS Act 1960 and Rules 1961.
As per new amendment ,Any Society which has members 250 or less than 250 may conduct their elections on their own under the intimation to Dy.registrar of that respective ward in Mumbai.
For forming the society, only 7 members are required. So there is no such law which requires members of the society should be more than 250 for conducting elections.
And registrar cannot issue blank order of mismanagement. Order should by reasoned and that also after giving the committee or the member,an opportunity of hearing/objections.
Administrator cannot hold post for more than 6 months or further extended period of 3 months by registrar. Challenge the whole (removal of committee or member, appointment of administrator) before co operative society court.
Yes dy registrar has full powers to appoint an administrator by expelling the existing committee
Refer section 77A of Maharashtra co-operative society act, under which sub section of the said section,it is specifically mention that if election procedure is not followed then, administrator can be appointed.
Asked 5 years ago
Administrator can be appointed by registrar
Administrator word is substituted in the year 2018
Society ELECTION is postponed till 31/03/2020 through Government notification. The present office bearers and members of managing committee would continue untill new one takes over.
If the committee or administrator appointed by Registrar is not co-operating then society can make a written complaint to the Registrar and CC to Asst Commissioner, Commissioner, Ministry of the Co-operative society.
Yes who denied it
Generally the Deputy/Assistant Registrar of co-operative societies (“the Registrar”) appoints an administrator upon complaint(s) from member(s) of the society, if he finds that it is a fit case to expel the managing committee of the society. Such an action, may invite mixed reactions from the concerned society depending upon the facts of the case and depending upon the perception of the members about the manner of management of the affairs of the society by the expelled committee
Section 78 of the MCS Act, 1960 inter alia equips the Registrar with such powers to be exercised upon the specified grounds including when the managing committee has committed defaults or which has been found negligent in performance of duties or which has committed an act prejudicial to interests of the society or its members or which has willfully disobeyed directions of co-operative authorities, or which is not discharging its functions properly and diligently or the business of the society has come to or is likely to come to a stand still.
When the committee is removed, the Registrar has two options : i. to appoint 3 or more society members, who should not be the members of the committee being removed, or ii. to appoint administrator(s) in place of the expelled committee. However, in practice the first option is hardly exercised. On the contrary the same person is appointed as an administrator of more than one society.
Appointment of member of committee, new committee or Administrator, where there is failure to elect member, to constitute committee or where committee does not enter upon office. - (1) where the Registrar is satisfied that,
2[(1-a) a provisional committee has failed to make necessary arrangements for holding election for the constitution of the first committee, before the expiry of its term as specified in sub-section (1A) of ,section 73.]
the Registrar may, either suo motu or on the application of any officer of the society, by order appoint-
(i) any member or members of the society to be the member or members of the committee to fill the vacancies;
(ii) a committee, consisting of not more than three members of the society, or one or more administrators, who need not be members of the society, to manage the affairs of the society till a new committee enters upon office:
The Committee or Administrator so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time, give, have power to discharge all or any of the functions of the committee or of any officer of the society and take all such actions as may be required to be taken in the interest of the society.
Administrators must get the elections done
Registrar can appoint administrator in case of complaint from some members about mismanagement of elections till investigation.
Dear Sir/Madam,
Though the registrar has the power to appoint the administrator, but if you feel that the said order is not justified, file the writ petition in the high court.
- As per the information mentioned in the present query, makes it clear that has been a situation arose where the elections are allegedly not as per law and rule and equality of all sorts.
- I would like to apprise you that it is for the eventual rule out about the legality of the election, but yes, if there has been a complaint made then there can be an appointment of the administration as per the provisions of the Society Act of each state specifically.
- So, there is no illegality in appointment of an administration when it alleges of some misconduct during the said elections.
Tge mismanagement has to be decided by the registrar. If he comes to a conclusion that tehre is mismanagement then you may challenge his decision if you feel otherwise.
It was his opinion that tgere was mismanagement. If you don't agree then challenge it.