Q. Our society has 120 members, so what will be the quorum requirement for the management committee meetings? Also, inform whether the decisions taken in the quorum's absence are valid? Is the quorum requirement same for the annual general and special general meetings held for redevelopment? – Nimish P More, Andheri A.
The required committee strength for your society is 13 members, including five from the following reserved categories: two women, and one each from the SC/ST, OBC and VT/NT/SBC. The quorum should be seven if you have 13 committee members. In case, members from the reserved categories are not available or elected to fill the reserved seats, such seats will not be counted for the committee strength used to calculate the quorum. In such a scenario, the quorum will be a simple majority of the existing committee members.
Notably, the quorum should be present throughout the meeting, while discussing each agenda item. Bylaw 126 provides that it shall not be competent for the committee to transact any business unless quorum continues to exist at the consideration of each agenda item. Hence, if a member leaves the meeting halfway, upsetting the simple majority, the quorum will fail and any agenda item discussed thereafter will not be considered as valid. As per bylaw 100, the quorum requirement for the annual general meeting is two-third of the total number of society members or 20; whichever is less.
In your case, the quorum will be 20 (two-third of 120 which is 80 or 20; whichever is less). If the quorum is not established at the time mentioned in the notice circulated to members, the general meetings can be adjourned to an hour later at the same place mentioned in the notice. The meeting can be deferred to a subsequent date not earlier than seven days and not later than 30 days. In this meeting, the business on the agenda of the original meeting shall be transacted whether there is a requisite quorum or not. Generally, there is a provision in the notice announcing an annual general meeting or an extra-ordinary general meeting.
The provision states that “the general body meeting will be held at the same place after 30 minutes of the scheduled time if the quorum is not present at that time and that the requirement of quorum will not be applicable to such an adjourned meeting”. Interestingly, in case of a requisitioned general meeting, the meeting shall be dissolved if the quorum is not present within 30 minutes after the scheduled time. There is no adjournment provision. (Refer bylaws 100, 101)
The quorum requirement for a special general meeting for redevelopment is twothird of the total society members. In your case, at least 80 members are required to attend the special general meeting and the decision to go for redevelopment will require a sanction of not less than 51% of the majority present. For your society, twothird of the total members comes to 80, while 51% of the total members comes to 62. If a minimum of 80 members are present in the special general meeting, at least 62 members (51%) should vote for redevelopment.
If the quorum is not fulfilled, the meeting would be adjourned and by giving seven day notice, the meeting can be arranged within one month. However, if the quorum is not fulfilled even then, the meeting shall be cancelled assuming that the members are not interested in redevelopment. The said subject cannot be brought before the special general meeting for three months. You may refer to the GR, dated July 4, 2019, to know more about the redevelopment process.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com
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