6 applicants would be declared elected to MC
2) MC can co opt other members to MC to fill in the vacancies
Maharashtra - 'Cooperative Housing Society - Election to Managing Committee
We recently had Managing Committee Election to our 140-flat Housing Society in Thane. As per guidelines, the number of Vacancy applicable was 8 General, 2 ladies, 3 in reserved category (SC /ST etc.) We receivedt only 6 Nominations - all in General category. Queries a) Can we go ahead and appoint these 6 candidates as the new Managing Committee in the General Body Meeting (The old Managing Committee is okay with it, as they want to leave.) b) Can we invite and fulfill the balance vacancy (2 General, 2 ladies, and 3 reserved) in the General Body Meeting, from amongst the members present. Please let me know. Thanks.
Asked 4 years ago in Property Law
Religion: Other
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7 Answers
a) You have to follow your society's bylaws in this regard. Usually, the bylaws stipulate only the maximum no. of members in the Managing Committee. At the AGM, you may very well elect those 6 members who had submitted their nominations, stating the relevant facts in the minutes.
b) Again, be guided by what your bylaws say. If there is a provision for an open election of members of the Managing Committee from among the members present at the AGM, in the absence of sufficient nominations received, you may do so.
Ajayji, Thank you for your reply. a) You mentioned MC can co opt other members to MC. As I read the model byelaws - it says - 115 (B) "such co-opted Members shall NOT have the right to vote in any election of the society in their capacity as such member, OR TO be eligible to be elected as office bearers of the committee. b) On a separate note, since General Body is the supreme authority in a Housing Society, shouldn't it be able to fill vacant position in MC as well? Thank you.
Asked 4 years ago
Bye Law No 128. Filling up Casual Vacancy on Committee
The Committee may fill a casual vacancy on the Committee by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Cooperative Election Authority
Bye Law No 129. The period of office of the co-opted Member of the Society
The period of office of the co-opted Member of the Committee shall be coterminous with tenure of Office of the Committee.
you have received only 6 nominations other members did not fill in nomination form they cannot be elected to MC but be only coopted
a) Co-opted members definitely have no right to vote for the simple reason they are not 'elected' by popular vote, but 'selected' or 'appointed' as MC members. They cannot be office-bearers such as president, secretary or treasurer for the same reason.
b) Check your bylaws on this possibility. Is there any provision for electing some members as MC members in the AGM when there are insufficient nominations in the election process? The General Body is the highest forum, but it also should function within the framework of the bylaws. An analogy to understand this situation is the functioning of parliament within the ambit of the constitution.
If there is no restrictions to appoint the 6 nominated members to the vacancies they have filed nomination they can be appointed and a resolution can be adopted in the meeting about this with proper recordings of the same as minutes of the meeting and also another resolution can be passed to call for nomination to the remaining posts separately within the time stipulated therein, provided the bylaws permit for supplementary election process to elect additional members to the unfilled vacancies.
Model Bylaws;
Section 114(e) The Election of the Society shall be conducted by the State Cooperative
Election Authority under section 73CB
In a General Election of Members of the Committee of a Society, on the election of two-thirds or more number of Members, the Returning Officer or any other Officer or Authority conducting such election shall within seven days after the declaration of results of the election of such Members, the committee has, for whatever reason, has not been so far constituted, forward their names together with their permanent addresses to the Registrar, who shall, within fifteen days from the date of receipt thereof by him, publish or cause to be published such names and addresses by affixing a notice on the Notice Board or at any prominent place in his office; and upon Constitution of the Committee such publication, the Committee of the Society shall be deemed to be duly constituted.
127.The Committee may fill a casual vacancy on the Committee by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Cooperative Election Authority
128.The period of office of the co-opted Member of the Committee shall be coterminous with tenure of Office of the Committee.
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You need to invite the balance from the same except the those who are elected earlier through election
