Re:

[Ramesh Prabhu]

Dear Sir,

The seats reserved for women is like a ladies compartment reserved for 24 hours for ladies and therefore, only ladies can fill such posts as and when show interest otherwise it will be vacant.

The reserved category based on the cast,is also same. They will remain vacant till any person of that cast shows his interest in the post and none of the members are of that cast, the same will remain vacant.

So you will have 8 General candidates and if all 8 are filled, your quorum for the meeting will be simple majoritywhich means 5 and if you get only  7, then 8th post will be vacant and 7 persons will constitute the commitee and quorum will be 4. As and when the same has to filled, the vacant post of any category or casual vacancy also should be filled like bye-poll of Assembly for MLA or bye-poll for corporator in Municipal corporatin, there will be by-poll to fill such casual vacany in the society.

The election to be such filling up of casual vacancy or vacant post which was filled during the election has to be filled as per the provisions made in section 73CB of the Maharashtra Co-operative Societies Act, which means, by getting the appointment of election officer from the election authority and do all the procedure as if there is new election  The term of such casual vacancy will be the remaining term of the entire committee when it was elected or as per the notification or instruction that may be issued by the State Co-operative election authority in this regard.

The New model bye-laws has given above provision.  There is no specific circular or instruction issued by the State Co-operative election Authority regarding the filling of casual vacancy in the committee of the society. The section 73CB says, the election to the post of the committee has to be done by the election authority as per the election rules notified. 

On Fri, Jan 16, 2015 at 7:44 AM, Sion Shree Krishnalaya Society Limited <krishnala...@hotmail.com> wrote:

 Respected  Sir,
 
As per the Model bye laws for a housing society having 100 to 200 members the total strength of Managing committee members are 8 General, and from the reserved category 2 Women, and one each from SC/ST, OBC, VJ/NT/SBC.  In case no women are interested in contesting and there are no SC/ST, OBC, VJ/NT/SBC in the society those seats are to be filled by the general  category or only 8 general category managing committee members will be contesting.
 
Shall be grateful if you kindly clarify on the above at your earliest.
 
Thanking you.
 
Hon. Secretary

--

With Best Regards

 

CA. Ramesh S. Prabhu

Chairman, Maharashtra Societies Welfare Association

A2-302, Laram Center, S.V. Road, Opp: Railway Station

Andheri(W), Mumbai- 400 058

Tel: 9820106766/ 022- 42551414

[Ramesh Prabhu]

Dear Mr. Manoj Nagpal,

Really a mind blowing question.. The intention of the Bye-law framing committee is to state that 2/3rd of the General Category.

Now I shall suggest the government to make necessary correction in this regard. Thank you for bringing out such anomaly in the provision. Since the bye-law has been done in  a hurry, it seems the committee for preparing the bye-laws did not apply their mind.

The provision of law is dynamic and need to make changes as and when you encounter a practical situation like this.

Pls note  on election of 2/3rd members to the committee , the registrar can constitute the committee or whatever number of members are elected. If such members are less, the  registrar may constitute such less number of committee members as a caretaker or interim committee or authorise committee to manage the affairs for a period of 6 months and by that time to have the new election as per the MCS(Election to the Committee) Rules, 2014

With best regards

CA.Ramesh Prabhu 

On Fri, Jan 16, 2015 at 10:36 PM, Manoj Nagpal <nagpa...@hotmail.com> wrote:

Dear Mr. Prabhu,

Thank you for your clarification.  I have one more question related to the same issue

However Sec 117 also states that atleast 2/3 of the total strength should be filled.  So if the total strength is 8+2+3=13, then 2/3 = 8 (ignoring fraction).  Hence does it imply that atleast 8 members have to be elected to form a valid committee

Regards,