Q. We have 21 members in our society. What is the consequence of not having a minimum of eight members on the managing committee? Can we elect only one women member instead of two as required under the MCS Act?
Prakash Walimbe, Sion
A. As per the circular of the Maharashtra Cooperation Department dated 28.02.2024, your society needs to elect seven members on the managing committee and not eight members as stated by you. The quorum for the meeting shall be three members. As per the provision of Section 154B-21 of MCS Act, it is mandatory to reserve two seats for women on the committee. Any individual member of the society is eligible to contest election to such reserved seat. Seven members are necessary to constitute a valid managing committee. If one women seat is vacant, the constitution of your committee is invalid. Generally, the vacant seat reserved category including women will not be counted for the strength of the managing committee for the composition of quorum for conducting its meetings until such time the reserved category candidates are not available or elected to fill the reserved seats.
Q. Can the secretary and the chairman resign at the same time? Who are they supposed to give the resignation? Is the managing committee required to be dissolved and re-elected in such a situation?
Madhuri Deshpande, Vile Parle
A. The chairman and secretary can resign at the same time as the office-bearers of the society. In fact, there is a provision in the bye-laws for dealing with the resignation of the entire committee. The chairman has to address his resignation letter to the secretary while the secretary has to address his resignation letter to the chairman.
The Committee will take a decision on the resignation of the chairman/secretary. The chairman’s/secretary’s resignation will be effective only after its acceptance by the committee and pursuant to handing over the charge to the newly elected chairman/secretary as the case may be. The committee may accept the resignation of the chairman/secretary only after it is satisfied that the chairman/ secretary, has brought up to date the work entrusted to them and has produced the entire papers and property of the society, in their respective possession, before the committee. The managing committee need not be dissolved by the resignation of the chairman and secretary. They can still continue to be a member on the managing committee if the resignation is only from the post of the office-bearer. Any other member of the committee can be elected as chairman and secretary. The committee would be re-elected only in case the entire committee has resigned and their resignations have been accepted by the general body of the society. Bye-laws 130 and 131 provide for the resignation of members and officebearers of the committee.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
