Indiatimes|The Times of India|The Economic Times| More Facebook|Log In|Sign Up| The Times of India Personal Finance The Times of India Advanced Search » Home Business India Business International Business Markets CEO toons Personal Finance MF Simplified Videos Budget 2014 You are here: Home » Business » Personal Finance RELATED ARTICLES Speed up all projects before elections: MP Chandrakant Khaire Shetty warns party will contest polls separately In first address to BJP MPs, Amit Shah tells them to remain connected with voters Rajasthan University to hold meeting with candidates to ensure free and fair polls ABVP rebel outfit VVS in poll ring Centre plans to end subsidy on fertilizers: Bhupinder Singh Hooda FEATURED TODAY IN Business Swiss gold exports to India rise to 42%; hit Rs 50k crore High returns in less time may mean big trouble: Sebi RBI may keep interest rate unchanged Kotak Assured Income Accelerator launched Air India plans revamp, targets global market Indias GDP will touch 8.5 per cent: Gadkari Hyundai eyes new customer segments FIIs infuse over $26bn so far in 2014 United Spirits defers 2014 results again Hyundai eyes new customer segments more RELATED KEYWORDS: Ravi-Goenka|Housing-society-elections|elections Is your housing society holding elections? Sakina Babwani | Feb 10, 2014, 07.27AM IST Girish Shah has been the general secretary of a housing society in Mumbais western suburbs for the past eight years. Though he has been managing the societys affairs, there is a simmering discontent among the residents against him. He has not conducted fresh elections in all this time, says a resident. He adds that the entire managing committee has been appointed by Shah and they have been inventing fees and penalties that cannot be legally imposed . However, the housing society members have not taken any concrete action against the powerful team. Elections tend to be a bone of contention among members of several housing societies. Often, an election is conducted just once and the same person continues to hold the position for years. Society members, too, are usually not concerned unless it causes personal inconvenience to them, says Ravi Goenka, advocate , Goenka Law Associates . However, you have the right to elect the managing committee of your housing society every five years. If your society refuses to do so, you can lodge a formal complaint. What you can do In case of a dispute with another member or a grievance over certain practices adopted by the society, you should ideally lodge a complaint with the managing committee. The latter must respond within 15 days of receiving your complaint . If there is no response during this period, you can approach the deputy registrars office, which can issue a showcause notice to your society, asking it to explain its stand. After the hearing, if it is found that the members are holding positions without having contested the elections, the existing committee can be dissolved. In its place, the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted. Another option available to you is to approach the cooperative court against your society or even the deputy registrar. You can also file a case with the civil court or lodge a criminal complaint of misrepresentation against such members . The district housing federations, which are established under the provisions of the Cooperative Housing Societies Act for the welfare of the housing societies, can also be approached . However, for complaints regarding the elections, your best bet would be the deputy registrar as it is the fastest recourse available , says housing society activist J B Patel. How should elections be held? Under the Cooperative Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee. Ideally, one must start the process about two months before the end of the existing managing committees term. The latter is expected to compile a list of members who are eligible to vote, which needs to be put up on the notice board 60 days before the election. Thereafter, the committee must appoint a returning officer to oversee the election. The returning officer cannot be someone who is contesting the election or supporting a candidate. Changes in the pipeline There are some changes in the offing that will affect housing societies in Maharashtra. In November 2013, the state government announced that it would appoint an election authority to supervise elections in housing societies with more than 100 members. The government is expected to make the announcement by December 2014. Till such an authority is constituted, you cant conduct elections in your society, even if they are due, explains Patel. 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Exclusive Interview GovTransformer 10 Most Amazing Shopping Malls in the World EscapeHere Recommended by Readers opinions Sujoy Roy (West Bengal) Can the Registrar of co-operative Societies appoint a Board of Directors nominated by it in order to replace an elected BOD which has run out its term of five years ,if election to a co-operative cannot be held because of intervening Lok Sabha polls? anonymous (India) 13 Followers Silver: 4.0K Influencer 2 Wordsmith 4 Networker The avowed purpose of the Constitutional Amendment was to make co-operative societies more autonomous. It is sad that the reverse of that has been achieved by that. Bureaucracy has put its foot down firmly on the heads of the societies. The worst affected area is elections. For the failure of bureaucracy, elections have been postponed by one year, giving enough elbow room to the villains (committee members) to entrench themselves and go on with their nefarious activities. Housing society is a victim of circumstances, as the so called election authority and rules are simply not practicable to it. What is the role of the so called election authority in a society of say 50 members of a housing society? The elections have been postponed by executive order. That being the case, what can the members do? One society sent a representation to the Dy. Registrar concerned seeking permission to appoint a new Hon. Secretary in place of the one who is sick and bed ridden, from among the other members in the MC. It means they did not want elect a new one at all, but only designate one among themselves as Secretary. It got a ridiculous reply saying that ELECTION OF OFFICE BEARERS HAS TO BE DONE IN THE PRESENCE OF REGISTRARS REPRESENTATIVE AND HENCE YOU CANNOT CHANGE THE SECRETARY. Is this what is called Autonomy. The worst thing is that the societies are required to fund the so called independent election authority. This again is a financial strain and mockery of the so called autonomy to housing societies. J.B.Patel - Jeby (Mumbai) replies to anonymous I think you cant blame the concerned Deputy Registrar. His / her hands are tied by the: MAHARASHTRA ACT No. XVI OF 2013. (First Published, after having received the assent of the Governor, in the “Maharashtra Government Gazette”, on the 13th August 2013). 73CB. State Co-operative Election Authority: (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as ‘the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office bearers of a society including any casual vacancy to the extent applicable shall be held as per the procedure prescribed. (1) The Committee of every co-operative society shall, - a. Inform the State Co-operative Election Authority about the expiry of its term of office at least six months before the date of expiry of such term; b. Inform any casual vacancy occurred in the committee or its office bearers within fifteen days of the occurrence of such vacancy; J.B.Patel - Jeby RTI & Housing Societies Activist 9820538570 Read All Comments THE TIMES OF INDIA Powered by INDIATIMES About usAdvertise with usTerms of Use and Grievance Redressal PolicyPrivacy policyFeedback RSSNewsletterTOI MobileePaperSitemapArchives Other Times Group news sites Times Crest | The Economic Times इकनॉमिक टाइम्स | ઈકોનોમિક ટાઈમ્સ Mumbai Mirror | Times Now Indiatimes | नवभारत टाइम्स महाराष्ट्र टाइम्स | ವಿಜಯ ಕರ್ನಾಟಕ Go Green Living and entertainment Timescity | iDiva | Bollywood | Zoom Healthmeup | Luxpresso | Technoholik Guylife Interest Network itimes | Email Hot on the Web Hotklix Services Book print ads | Online shopping | Business solutions | Book domains | Web hosting Business email | Free SMS | Free email | Website design | CRM | Tenders | Remit Cheap air tickets | Matrimonial | Ringtones | Astrology | Jobs | Property | Buy car Bikes in India | Deals | Free Classifieds Copyright © 2014 Bennett, Coleman & Co. 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Posted on: Sun, 24 Aug 2014 14:52:10 +0000
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