Committee have changed the members without election

Q: FGM - Committee has been selected into the first general meeting, later chariman resigned and most of the committee members have been changed without the GM or information to other members, is it legal.

Committee have changed the members without election

Mr. Prabhat Jain, Apartment Resident

7th October 2017

Legal in Pune

management commitee

committee can not change members without election

how should elections be held?

housing society rules

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Replies (2)

No comments on above mentioned points. 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 election process about two months before the end of the existing managing committees term. The latter needs to put forward a notice of its expiry and invite members to contest the next election.

Shobha Bharadwaj, Mumbai

12th October 2017

Comment

Mr Prabhat,
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 needs to respond within 15 days of receiving your complaint.

If there is no response during this period, you can approach the deputy office of registrar, which regulates matters pertaining to housing societies, including transfer of shares, maintenance of records, improper use of funds and unfair electoral.

Keshavrao Jedhe, Pune

12th October 2017

Comment

Yes, i am agree with Keshav. And if registrar found that the members are indeed 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, which should take place within 6 months.

Aarti Bal Pathak, Pune

12th October 2017