If managing committee member attends the meeting but refuses to sign the attendance register or if a member attends the general body meetings but refuses to sign the register, what action can be taken against such member?
Vanita Sapre, Bhandup
Signing the register and marking attendance is both a right and duty for members attending meetings, whether managing committee or general body meetings. It ensures quorum, validating the meeting and its decisions. If a member refuses to sign, the secretary can note this in the minutes. In managing committee meetings, such a member can be considered absent.
If a member misses three consecutive meetings without leave, they may be removed after issuing notice. In general body meetings, their presence, consent or objections should not be recorded. The general body has to record the unfortunate episode in the minutes of the meetings, and decisions will bind all members, present or absent.
A May 2023 Cooperative Department circular states that members absent from general meetings cannot file complaints with the managing committee or registrar; they must approach the cooperative court for grievances.
Is there a provision to call for a managing committee meetings to expel a member who is the associate member refuses to resign from the managing committee on account of the death of the original member? If yes, can the vacancy be filled by co-option?
Saeed Ahmed Siddhiqui, Versova
Associate membership runs parallel with the membership of the original member and ends if the original member is disqualified, expelled, transfers rights or dies. Upon the original member’s death, the associate membership will come to an end, and the individual can no longer serve on the committee.
The managing committee must formally note that “on account of death of the original member, he has ceased to be an associate member and as such cannot continue in the managing committee”. The question of taking resignation does not arise on attaining such disqualification. The vacancy created on this account can be filled by co-option of any other eligible member of the society.
The resulting vacancy can be filled by co-opting a member from the same category (eg, women, reserved or general). Refer to Sections 154B10-3, 154B-23 for member rights, duties, and disqualification rules, and bye-law 138 for filling casual vacancies.
If the managing committee fails to conduct the election before expiry of the term, can the same members contest subsequent election?
VN Vijayan, Mulund
The managing committee must inform the registrar/state cooperative election authority at least 6 months before their term expires and begin the election process. Failure to conduct timely elections will result in the committee ceasing to hold office and facing action from the registrar.
Any member can file a complaint if elections are not held, and the registrar will take necessary action against the committee. Members of the outgoing committee can contest the election if not disqualified, but it is up to the members to decide whether to re-elect them.
