What is the procedure for filling up casual vacancies in the management committee of a society?
Prathamesh Kale, Badlapur
Casual vacancy is created in the event of death, resignation, disqualification or removal of an elected committee member. Such a member may have become incapable of acting as a member of the society prior to the expiry of his term of office or otherwise. In such an event, the managing committee should forthwith communicate the occurrence of such a vacancy to the state cooperative election authority and the district cooperation election officer. Casual vacancy should be filled within one month from the date of such communication by nomination of the eligible members out of the same class of members (women or reserved) in respect of casual vacancy/ies has arisen in the meeting of the remaining members of the managing committee. This meeting should be presided over by the officer authorised by the state cooperative election authority. Such nominated
members shall not be more than two-third of the total strength of the managing committee. They shall hold office for the term of office the original member was elected. (Rule 74 of the MCS (Procedure for Election) Rules.
Our committee is functioning on 50% strength since the last four years as there were not sufficient nominations at the time of election. Is the society allowed to function as such or does the committee get dissolved?
Pratap Menon, Nerul
Section 154B-19 of the MCS Act provides that the committee shall consist of such number of members as may be decided by the state government by notification or special order from time to time. Bye Laws provide for the maximum number of members on the basis of total members in the society. Such a committee shall be constituted on the date of declaration of result of election to the committee by the returning officer where more than two third of the committee members of the strength as may be decided by the registrar, from time to time, have been elected. The committee shall also comprise three members of reserved for SC/ST, women and nomadic tribes. However, if such members are not elected, such numbers are not considered for the purpose of quorum. Such a committee shall be construed as valid. Your society has only 50% of the total strength to conform to the provisions of the MCS Act. Hence you may fill up the vacant seats in the managing committee as per the provisions of the MCS Act.
Our building was redeveloped in 2015. The builder constructed four floors but could not finish the remaining three because of financial distress. He then brought in a new builder. Three original members, including myself, have not received the promised flats. The project is still not registered with MahaRERA. What is our recourse against both the builders?
Farjana Mehta, Borivili
Firstly, your erstwhile developer should have registered the project as an ongoing one with MahaRERA. You may file a non-registration complaint with MahaRERA. As regards your recourse against the developers, your society has entered into a development agreement with the builder who was required to complete the construction as per the terms and conditions. In case he has assigned the project to another developer, he has to comply with the assignment agreement and complete the construction of the remaining three floors. Hope such assignment has been provided for in the development agreement and is done with the permission of the society. You will have to file a complaint against both the developers in civil court. The new developer shall register the project with MahaRERA as the extra flats are for sale. Once the project is registered with MahaRERA, the interest of homebuyers and the society members may be protected.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
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