Question 1

Our society has fewer than 250 members and the committee's term ends in March. What is the election timetable, counting backwards?

Accepted Answer

The committee appoints the Returning Officer at least 60 days before its term ends. The provisional voter list must be out at least 60 days before the poll. Claims take 10 days and the final list follows within 10 days; the Returning Officer then declares the election programme within 7 days, and nominations, scrutiny, withdrawal and the poll run for about another month. Start about four months ahead. Steps under the final Part X-1A of the election rules (notified 6 Apr 2021, for "Type E" societies: housing societies with up to 250 members on 31 March of the previous year, rule 4(V)): - 76-B: the committee appoints the Returning Officer, from the SCEA panel kept by the Divisional Joint Registrar or from members who will not contest, before 60 days of the term's expiry, and informs the Registrar; if it fails, the Registrar appoints one from the panel (elections-302). - 76-C: the Secretary publishes the provisional voter list at least 60 days before the election, on the notice board, with a copy to the Registrar and to members. - 76-E: claims and objections within 10 days of publication; the Returning Officer decides them and publishes the final list (Form E-3(1)) within 10 days of the last date; it goes on the society's notice board within 2 days. - 76-F: consents transferring the vote to an associate or joint member, and corporate representatives, within 10 days of the provisional list. - 76-G: within 7 days of displaying the final list the Returning Officer declares the programme: nominations for 5 days; scrutiny the next day; valid list the day after; withdrawal within 15 days of that list; final list of candidates and symbols the next day; the poll at a special general meeting not earlier than 7 days after that (the gazette text leaves the upper limit blank); counting not later than the third day; result immediately. - 76-O(3): result in Form E-17 to the Registrar within 2 days; the Registrar constitutes the committee within 15 days. - 76-Q: office-bearers' meeting on 7 days' written notice. Added up, the steps from the provisional list to the poll take about 60 days, so publish the list 75-90 days before the term ends and appoint the Returning Officer before that, since he decides the claims. The AGM before the election should declare it due (BL 94(j); dBL 95(c)(x)). The 2019 draft's 53-day non-appointment report and 14-day meeting notice are not in the final rules.

Question 2

Can a member of our own society act as the Returning Officer?

Accepted Answer

Yes. Under the final election rules of 6 Apr 2021 the committee may appoint either a Returning Officer from the panel approved by the State Co-operative Election Authority or a member of the society who will not contest. The society's auditor, its employees and members of the outgoing committee cannot be appointed, and the Returning Officer must undergo election training. Rule 76-B (Part X-1A, for Type E housing societies of up to 250 members) says the committee appoints the Returning Officer "from the panel of Returning Officers approved by SCEA and maintained by Divisional Joint Registrar or from among the members of the same society who are not desirous to contest the election", before 60 days of the term's expiry, and informs the Registrar. Provisos: no auditor, employee or member of the outgoing committee may be appointed; the Returning Officer must be trained by a district housing federation or a notified institute; if the committee fails to appoint, the Registrar appoints one from the panel. The 2019 draft barred every member; the final text does not. The Bombay High Court has quoted the final rule and held that the auditor bar covers the society's own appointed auditor, not everyone on the auditors' panel (Shrikant Balaso Patil, para 10). Choose a member who is independent in fact: not a candidate, a candidate's proposer or seconder, or a close relative of one. Take a written undertaking not to contest, and keep the resolution, the training certificate and the Registrar's acknowledgement on the election file.

Question 3

Who pays for the committee election — the Returning Officer's fee, stationery, hall — and how is it collected?

Accepted Answer

The society pays, from its Election Fund. Under the 2026 Rules the Election Fund is collected equally from members. The society must also give the Returning Officer all logistics and resources well in advance. Candidates do not pay the society's costs. Rule 106C-11 apportions the Election Fund equally among members (see elections-001). The archived draft election rules require the society to make available "all necessary logistics and resources to the Returning Officer well in advance of the election", and require committee members and employees to help and produce records (ER 76-G(8)). Nomination forms are supplied free at the SGM (76-H(1)). Budget items: Returning Officer's remuneration (practitioner sources mention a fixed fee; confirm the current SCEA rate), printing of voter lists and ballot papers, the society seal on ballots, a locked box for records (76-N), hall or video arrangements, and postage or registered AD for notices (76-G(4)). Put the estimate in the budget of the election year and show the actual spend in the accounts.

Question 4

What does the provisional voter list contain, where is it published, and does it expose members' personal details?

Accepted Answer

It lists every member on the register on the date of publication, with surname, name, father's or husband's name, age, gender and address, in alphabetical order. It goes on the society's and the Registrar's notice boards and may be sent to members in writing or electronically. Publish only what the rule requires. ER 76-C(2) (archived draft) builds the list from the Register of Members (Form I) and the List of Members (Form J). ER 76-D sets the particulars in Form E-3. ER 76-E(1) has the Secretary (or an authorised officer where the committee is superseded) publish it on the society's and the Registrar's notice boards, and allows it to be given to members with acknowledgement or by any electronic mode. Privacy: the list is a statutory publication, so displaying these particulars is lawful; but do not add phone numbers, email addresses or dues, and take the list down from the board after the election. When sending it electronically, send it to members only, not to open groups that include tenants or staff. From 13 May 2027 the society's DPDP duties make this minimisation more important (see records_rti_privacy entries).

Question 5

My name is wrongly spelt, or missing, on the provisional voter list. How and by when do I object?

Accepted Answer

Write to the Returning Officer within 10 days of the list's publication, during office hours, stating the correction or claim and the grounds. The Returning Officer decides within 10 days of the last date and publishes the final list. Associate, joint and provisional members may also raise claims. ER 76-E(2)-(4) (archived draft): omissions or errors in name, address or other particulars may be brought to the Returning Officer's notice in writing by any member, associate, joint or provisional member within ten days of publication; every claim or objection must be in writing with grounds; the Returning Officer makes inquiries, decides in writing within ten days of the last date, and publishes the final list in Form E-3(1). The final list is displayed within two days (76-E(5)). Attach proof: share certificate, the society's admission letter, or the transfer approval. A spelling mistake is not fatal later: the Returning Officer may not reject a nomination for a clerical error or an incorrect voter-list number (76-I(2)). But a person not on the final list cannot be nominated (76-H(6)(i)), so a missing name must be fixed at this stage. If the Returning Officer refuses a claim, the remedy after the result is an election dispute under s.91.

Question 6

I want my joint owner or associate member to vote in the committee election instead of me. What must I do?

Accepted Answer

Give the Returning Officer your written consent transferring your voting right to the associate or joint member within ten days of the provisional voter list being published. Without it, the ordinary order applies: the first-named holder votes if present. A company or firm sends the name of its authorised representative in the same ten days. ER 76-F(1) (archived draft): a member submits consent regarding transfer of voting rights to an associate or joint member in writing to the Returning Officer within ten days of publication of the provisional list. 76-F(2): a company, firm, body corporate, local authority or association sends the name of its authorised representative within the same period. Outside elections, the general-meeting rule is in s.27(2) and BL 105 (meetings_gb-306). Practical points: - use a signed letter naming the flat, the member and the person who will vote, with the associate's or joint member's signature accepting; - keep a copy with the Returning Officer's acknowledgement; - only one person votes for the membership. A general power of attorney is not a substitute: proxies are not allowed (s.27(1); BL 103).

Question 7

How do I file my nomination for the committee election in a small society, and what must be attached?

Accepted Answer

Use Form E-5, which the Returning Officer supplies free at the election meeting. It must be signed by a proposer and a seconder whose names are on the final voter list, and carry your signed declaration that you are willing to stand. For a reserved SC/ST, OBC or VJ/NT/SBC seat, attach a caste certificate from the competent authority. Take the Returning Officer's written acknowledgement. ER 76-H (archived draft): - Form E-5 supplied free of cost at the SGM (76-H(1)); - proposer and seconder from the final voter list (76-H(2)); - candidate's declaration of willingness, and a caste certificate for reserved seats under s.73-B (76-H(3)); - the Returning Officer numbers each paper, certifies the date and time of receipt, and immediately gives a written acknowledgement (76-H(4)); - at the close of nominations he declares the list at the meeting (76-H(5)). You cannot be nominated if you are not on the final voter list or are disqualified under the Act, Rules or bye-laws (76-H(6)); check the disqualifications first (elections-003; committee-319). Tip: get the caste certificate ready weeks ahead, and check that your proposer and seconder are themselves on the final list, not just the provisional one. Women's reserved seats need no certificate beyond the declaration.

Question 8

I became a member after the final voter list was published. Can I vote or stand in this election?

Accepted Answer

No. Only persons on the final voter list can vote, propose, second or be nominated. The provisional list is built from the register on the date it is published, and changes after the claims period are not taken in. You will be on the list for the next election. ER 76-C(2) takes the provisional list from the members on the register "on the date of the publication". Claims are allowed within ten days (76-E(2)); after that the Returning Officer's final list is final (76-E(4)). Nomination requires the candidate's name "in final list of voters" (76-H(6)(i)), and proposer and seconder must also be on it (76-H(2)). The same logic applies to a buyer whose transfer is approved late: if the transfer was approved before the provisional list date but the name was left out, file a claim within the ten days; if approved after, the seller's name may remain on the list but the seller is no longer a member and should not vote. Raise such cases with the Returning Officer in writing, since a vote cast by a non-member can ground an election dispute.

Question 9

On what grounds can the Returning Officer reject a nomination, and who can object to one?

Accepted Answer

Only two: the paper is not signed or not filled, or the candidate is disqualified under the Act, Rules or bye-laws. Minor defects such as spelling or a wrong voter-list number are not grounds. Any candidate, proposer or seconder can object at scrutiny, and the Returning Officer must record written reasons for any rejection. ER 76-I (archived draft): at the appointed hour the Returning Officer examines the papers, decides objections by any candidate or his proposer or seconder, and may accept or reject after a summary inquiry (76-I(1)); he shall not reject for a defect "not of a material character such as spelling and clerical mistakes, incorrect voter list number" (76-I(2)); he may reject only for the two grounds, "for reasons to be recorded in writing" (76-I(3)); and the list of valid nominations is declared at the meeting (76-I(4)). Common disqualification objections: default after notice (s.154B-23(1)(i); BL 116(b)), being held responsible under ss.79, 88, 154B-8(2) or 154B-27 (s.154B-23(1)(iii)), dealing in flats (s.154B-23(1)(ii)), unauthorised subletting (BL 116(f)). Bring documents: the demand notice and ledger, or the Registrar's order. Ask for a copy of the reasons; it is needed for an appeal under s.152A (elections-310).

Question 10

My nomination was rejected. How quickly must I appeal, and to whom?

Accepted Answer

Appeal to the Registrar within three days of the rejection under s.152A. The Registrar must decide within ten days, and that decision is final. The list of valid candidates stays subject to the appeal's outcome. Act the same day if you can. Section 152A(1), as read in the archived consolidated Act: a person aggrieved by rejection of a nomination at the election of a committee of a society (other than those specified under s.73G) may appeal to the Registrar within three days of the date of rejection; the Registrar disposes of it within ten days; no further appeal or revision lies. Section 152A(2) makes the list of validly nominated candidates subject to the appeal, and says the period between scrutiny and the last date for withdrawal shall not be less than fifteen days. That fifteen-day gap sits awkwardly with the small-society procedure, where nominations, scrutiny, withdrawal and poll are scheduled at one special general meeting (ER 76-G(3), (7)). If your appeal is pending on polling day, ask the Returning Officer in writing to record it; the result can still be challenged under s.91 within two months (elections-322). BL 173(b)(ii) confirms that rejection of nominations goes by appeal, not to the Co-operative Court. Take an advocate's help; the time is very short.

Question 11

I withdrew my candidature but have changed my mind. Can I re-enter the contest?

Accepted Answer

No. A withdrawal in Form E-6 delivered to the Returning Officer before the withdrawal time is irrevocable under the draft rules. Think before signing it. ER 76-J (archived draft): a candidate may withdraw by written notice in Form E-6, signed by him and delivered to the Returning Officer, at any time after presenting the nomination and before the time fixed for withdrawal; the Returning Officer lists those who withdrew; "a notice of withdrawal of candidate once given shall be irrevocable". After withdrawals the Returning Officer publishes the contesting list in Form E-7 (76-K(1)). Points: - a withdrawal must be the candidate's own signed notice; a verbal statement or a note from a proposer is not enough; - a withdrawal procured by pressure or inducement can be raised in an election dispute (s.91), but the Returning Officer will not reverse it on the spot; - if withdrawals leave no more candidates than seats in a category, those left are declared elected unopposed (elections-312).

Question 12

There are fewer candidates than seats. Is there still a poll, and what happens to the empty seats?

Accepted Answer

No poll is needed in a category where the valid candidates do not exceed the seats: the Returning Officer declares them elected. Seats left empty are not filled at that meeting. The new committee can fill them later by co-option from the same class; unfilled reserved seats are left out of the quorum count under the draft 2026 bye-laws. ER 76-K(2) (archived draft): where, for any category, the valid nominations do not exceed the seats to be filled, the Returning Officer declares those candidates duly elected. A poll is held only where they exceed the seats (76-L(1)). Empty seats: - the committee is deemed constituted once two-thirds or more of its strength is elected and the names are published (BL 117; dBL 113); - a seat left vacant is a vacancy the committee can fill under Rule 106C-13(4) by co-option from the same class (BL 127; dBL 123(e)); - dBL 109(e) excludes unfilled reserved seats when computing the quorum. If fewer than two-thirds are elected, the committee is not constituted and the Registrar's powers under s.77A come into play (committee-002; elections-002).

Question 13

Can members vote online or by post in a small society's committee election?

Accepted Answer

No. Under the final 2021 election rules the poll is held at a special general meeting called for the election: each voter marks a ballot paper in a polling compartment and puts it in a sealed ballot box. There is no provision for postal, proxy or online votes, and the Act says every vote must be cast personally. The 2026 Rules' video participation is written for general-body meetings, not for the election poll. Rule 76-N: where the contest is real, the Returning Officer holds the poll on the fixed date and time; he shows the empty ballot box, locks and seals it; each voter gets a ballot paper bearing the society's seal and his initials, marks it in a polling compartment, folds it and puts it in the box; everyone present before the close may vote; canvassing at the polling place is banned. Counting follows under 76-O. Section 154B-11(1) says every right to vote "shall be exercised personally", and no proxy may attend a general meeting (dBL 99(b), draft). Rule 106C-13(3)(b) allows video participation in general-body meetings, but a paper ballot in a sealed box cannot be cast remotely, and neither the election rules nor any SCEA instruction we found provides for it. A member who cannot attend can transfer the vote to an associate or joint member by written consent within 10 days of the provisional voter list (76-F; s.154B-11(2); elections-306). The 2019 draft's show of hands and signed counterfoil were dropped in the final rules.

Question 14

Who is allowed inside the election meeting? Can candidates bring agents, or tenants watch?

Accepted Answer

Only voters (members on the final list), the society's officers, persons appointed to assist the Returning Officer, and police if called. Candidates who are members attend as voters. Tenants, outsiders and agents who are not members are not admitted under the draft rules. No other subject may be discussed. ER 76-G(6) (archived draft): the Returning Officer presides, records the proceedings in a register, records the members present at the start and has them sign, and "shall not allow any other person to enter into the place of meeting except the person or persons appointed to assist him, the officers of the society, the members of the society who are entitled to vote and Police Officers, if called", and "shall not allow the discussion on any other subject". The draft does not provide for candidates' polling or counting agents; candidates may be present when ties are decided by lot (76-M(2)). Practical steps: check identities against the final list at the door; keep the attendance register; ask the Returning Officer to announce the rules before voting. If anyone is turned away wrongly, record it in writing; it may matter in a later dispute.

Question 15

The election meeting has to be postponed. Who decides, and how are members told?

Accepted Answer

Only for unforeseen reasons, and it is the Returning Officer's call. He communicates the postponement to the Taluka Co-operative Election Officer and the Registrar and puts a notice on the society's notice board. The committee cannot postpone the election on its own to extend its term. ER 76-G(5) (archived draft): "If the date of Special General Meeting is to be postponed for any unforeseen reasons", the Returning Officer communicates it to the Taluka Co-operative Election Officer and the Registrar and displays a notice on the society's board. Good practice: also serve the new date on members by the same modes as the original notice (76-G(4): personal notice with acknowledgement, registered AD or electronic mode), and keep the original programme's other dates intact where possible. Remember the term: the committee's members cease to hold office when the five-year term ends without an election, and the Registrar acts under s.77A (BL 114(a); dBL 110(b); elections-002). A postponement that pushes the election past the term's expiry is therefore risky for the outgoing committee.

Question 16

How are the chairman, secretary and treasurer elected after the committee election, and who runs that meeting?

Accepted Answer

In a society of 250 or fewer members, the Returning Officer calls a meeting of the newly elected committee members on at least seven days' written notice with acknowledgement, stating how many officers are to be elected and the date, time and place. The committee elects the three office-bearers from among its members, and the proceedings are minuted and sent to the Registrar. ER 76-O (archived draft; dBL 117(b) cites it as 76Q) sets the procedure; dBL 117(c) says that in societies conducted by the SCEA its officer holds the office-bearers' election. BL 124(a) and dBL 120(a) require the committee to elect a chairman, secretary and treasurer from among its members at its first meeting. Only elected (and, where applicable, co-opted) committee members vote; the 2014 expert directors have no vote in any election of the society (BL 114(b)). Office-bearers hold office for the committee's term (BL 124(b); dBL 120(b)), subject to no-confidence (committee-105). For a vacancy mid-term, the rules found in sources/ do not say who conducts the election; the usual practice is election by the committee at a duly noticed meeting with the item on the agenda (committee-307). Inform the bank and change signatories after the election.

Question 17

After the result is declared, when does the new committee legally take over?

Accepted Answer

Once two-thirds or more of the seats are filled, the Returning Officer sends the names and addresses to the Registrar (within seven days under the 2014 bye-laws, two days under the draft 2026 bye-laws), the Registrar publishes them within fifteen days, and the committee is then deemed duly constituted. The result also goes to the Registrar in Form E-17 within seven days. BL 117: on election of two-thirds or more of the members, the Returning Officer forwards names and permanent addresses to the Registrar within seven days of declaring the results; the Registrar publishes them within fifteen days on his notice board; upon publication the committee is deemed duly constituted; fractions are ignored in computing two-thirds. dBL 113 shortens the Returning Officer's time to two days and refers to Forms E-17 or E-9. ER 76-M(3) sends the proceedings and declaration in Form E-17 to the society, and to the Registrar within seven days. The term runs five years from assuming office (BL 120), or from the first meeting of the new committee under dBL 116(b) (elections-320). Until the new committee takes charge, the outgoing committee carries on routine business; after that the outgoing chairman hands over charge (s.160; committee-208).

Question 18

No one from the SC/ST, OBC or VJ/NT/SBC category is available for the reserved seat. Can a general candidate take it?

Accepted Answer

No. A reserved seat can be filled only by a candidate of that category with a caste certificate. If nobody eligible stands, the seat stays vacant; in societies of 50 or fewer members only the women's reservation applies anyway. Unfilled reserved seats are left out of the quorum count under the draft 2026 bye-laws. ER 76-G(1) applies the reservation under ss.73-B and 73-C "notwithstanding anything contained in the bye-laws"; 76-H(3) requires a caste certificate from the competent authority for a reserved-seat candidate. BL 113 and dBL 109(d) fix the seat table; dBL 109(c) limits reservation to women for societies of 50 or fewer members, and research/01 notes a Government Resolution of 27 Feb 2024 applying s.154B-20 reservations only from 50 members. dBL 109(e) says that until reserved-category members are available or elected, those seats are not counted for the committee's strength for quorum. A reserved seat that is vacant can later be filled by co-option, but only from the same class (BL 127; dBL 123(e)). See elections-101 on women's seats.

Question 19

Can the outgoing committee take big decisions, such as signing contracts, once the election process has started?

Accepted Answer

The model bye-laws and the final election rules contain no "model code of conduct" for housing societies, so the outgoing committee keeps its powers until its term ends. But a committee near the end of its term should avoid long-term commitments that the new committee and the general body have not approved, and its members stay personally accountable for decisions. The committee's term is five years from its first meeting (s.154B-19(3); BL 120; dBL 116). If no election is held its members cease at expiry (BL 114(a); dBL 110(b)), except that under the proviso to s.154B-19(3) the committee continues until a new one is constituted where the election could not be held for reasons not attributable to it. Before that, neither the bye-laws nor the final election rules restrict its ordinary powers; the rules only ban canvassing at the polling place (76-N(4)). The only express "routine functioning only" rule is for a committee whose resignation the general body has accepted, pending the Registrar's arrangement (BL 130(e)). Prudence: - leave decisions that bind the society for years (redevelopment steps, long contracts, large works) to the general body or the new committee; - stay within the spending band (Rule 106C-13(5)) and budget; - do not use society resources for any candidate's campaign; - hand over properly (committee-208). Members who see a hurried decision can requisition an SGM (meetings_gb-301) or raise it with the Registrar.

Question 20

Is the committee's five-year term counted from the election result or from its first meeting?

Accepted Answer

Under the 2014 bye-laws, five years from the date of assuming office. The draft 2026 bye-laws say the term is reckoned from the date of the first meeting of the newly constituted committee, and office-bearers' terms run with the committee's. In practice the first meeting is the date to record. BL 120: the elected committee's period of office is five years "from the date of assuming the office". dBL 116(a)-(c): five years from assuming charge, as provided in s.154B-19(3); the term of elected members "shall be reckoned from the date of the first meeting of the newly constituted Committee"; office-bearers' terms are coterminous. BL 124(b) limits an office-bearer's term to five years but not beyond the committee's term. Why it matters: the Returning Officer must be appointed 60 days before expiry (elections-301) and members cease to hold office at expiry without an election (BL 114(a)). Record the first-meeting date in the minutes and in the society's compliance calendar, and compute the next election from it.

Question 21

Can a member who owes maintenance be a proposer or seconder for a candidate?

Accepted Answer

The draft rules require only that the proposer and seconder be on the final voter list. The voter list is built from all members on the register and does not exclude defaulters, so a defaulter on the list can propose or second. Arrears bar standing as a candidate, not proposing. ER 76-H(2) (archived draft): every nomination is signed by two members whose names are in the final list of voters, one as proposer and one as seconder. ER 76-C(2) builds the list from all members on Form I and Form J; there is no exclusion for arrears (elections-004). The disqualification for default in s.154B-23(1)(i) and BL 116(b) applies to being appointed, nominated, elected or co-opted as a committee member, that is, to the candidate. A committee or rival candidate who objects to a nomination because the proposer is in arrears is therefore on weak ground at scrutiny, which is limited to unsigned papers and the candidate's own disqualification (76-I(3)).

Question 22

How long do I have to challenge the committee election result?

Accepted Answer

Two months from the date the result is declared. An election dispute goes to the Co-operative Court under s.91, and s.92 fixes the limitation at two months. The Court can admit a late dispute only if you show sufficient cause, so do not rely on that. Section 92(1)(d), in the archived consolidated Act: for a dispute "in respect of an election of a committee or officers of the society", limitation is two months from the date of declaration of the result. Section 92(3) lets the Co-operative Court admit a dispute after the period if sufficient cause is shown. BL 173(b)(ii) sends committee-election disputes to the Co-operative Court, except rejection of nominations (appeal under s.152A; elections-310). The election papers are kept sealed for three months, and until the dispute is decided if one is filed (ER 76-N); file within the two months and ask the Court to direct their preservation. Grounds usually raised: wrong voter list, improper rejection or acceptance of a nomination, non-members voting, irregular ballots or counting. Consult an advocate promptly; this entry is not advice on any particular election.

Question 23

Our society has more than 250 members, so the SCEA runs the election. What must the committee itself do?

Accepted Answer

Tell the State Co-operative Election Authority six months before the term ends, with the information in Forms E-1, E-2 and E-3, provide the member data for the voter list, fund the election from the Election Fund, and give the election officer every record and facility asked for. If the committee does not act before the term ends, its members cease to hold office. BL 114(a) and (e) and dBL 110(a)-(b): elections under s.73CB; for societies above 250 members the committee intimates the SCEA six months before expiry and submits Forms E-1, E-2 and E-3; failure leads to cessation at expiry and action under s.77A. research/01 records the SCEA-track steps from practitioner and SCEA sources (provisional list 120 days before expiry, programme in Form E-4, nomination deposits, election-expense accounts); these are not in our archived primary texts. Committee checklist: - declare at the AGM that the election is due (BL 94(j); dBL 95(c)(x)); - update the member register (Forms I and J) and resolve pending transfers early; - keep the Election Fund adequate (Rule 106C-11); - nominate a contact office-bearer for the election officer; - keep copies of every letter to the SCEA with acknowledgement. The office-bearers' election is held by the SCEA or its officer (dBL 117(c)).

Question 24

What differs on elections between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2014 bye-laws send every election to the SCEA. The election rules (Part X-1A) and the draft 2026 bye-laws let societies of 250 or fewer members run their own election through a panel Returning Officer. The draft adds a seven-member committee for small societies, a two-day deadline to report the result, a term counted from the first meeting and wider disqualifications. The 2026 Rules themselves add only the Election Fund and the co-option procedure. 2014 bye-laws: election once in five years under s.73CB; the committee intimates the SCEA; the election is conducted by the SCEA (BL 114(a), (e)); names forwarded within seven days and the committee constituted on publication (BL 117); term five years from assuming office (BL 120). Election rules Part X-1A (draft 2019, final reportedly 2021): small societies elect at an SGM convened by a panel Returning Officer; voter list, nominations, scrutiny, withdrawal, poll, count and the office-bearers' meeting as in elections-301 to 316. 2026 Rules (from 22 Jun 2026): Election Fund apportioned equally (106C-11); casual vacancies by co-option (106C-13(4)); nothing on the poll itself. Draft 2026 bye-laws: ≤250 members self-conducted under rules 76A-76R, >250 via SCEA with Forms E-1 to E-3 six months ahead (dBL 110(b)); 7 seats for ≤50 members, women's reservation only (dBL 109); names to the Registrar within two days (dBL 113); term from the first meeting (dBL 116(b)); Returning Officer convenes office-bearers' election (dBL 117(b)); disqualifications extended (dBL 112). Section 154B-23 applies throughout.

Question 25

Who conducts our committee election, the society or the State Co-operative Election Authority?

Accepted Answer

It depends on size. A society with 250 members or fewer holds its own election through a Returning Officer taken from the SCEA-approved panel. A society with more than 250 members has its election conducted by the State Co-operative Election Authority (SCEA). The committee tells the SCEA six months before its term ends. Section 73CB gives the SCEA charge of co-operative elections. For housing societies with 250 members or fewer, Part X-1A of the Election Rules 2014 lets the society conduct the election itself. - The committee appoints a Returning Officer from the panel kept by the Divisional Joint
  Registrar, at least 60 days before its term ends, and informs the Registrar.
- If it has not done so, it reports that 53 days before expiry, and the Registrar appoints one
  (76-B).
- Under the archived draft, no member, auditor or employee may be the Returning Officer.
  Secondary sources say the final 2021 rules allow a non-contesting member.
Societies with more than 250 members intimate the SCEA six months before expiry, with Forms E-1, E-2 and E-3 (dBL 110(b)). The Election Fund is collected equally from members (Rule 106C-11(6)).

Question 26

What happens if the committee's five-year term ends and no election has been held?

Accepted Answer

The committee members cease to hold office when the term expires. The Registrar then steps in under s.77A, first by appointing members, and only if that fails an authorised officer, until an elected committee takes over. The term is five years (BL 114(a), 120; dBL 110(a)). Holding the election in time is the committee's duty. If it fails, its members cease to hold office at expiry and the Registrar acts under s.77A (BL 114(a); dBL 110(b)). In Vijay Lakhi (2025) the High Court held that s.77A powers are graded. The Registrar must first consider appointing members of the society, then a committee of up to three members, before appointing an outside authorised officer, and must give reasons. A committee member who is responsible for not calling the AGM can also be disqualified under s.75(5); see meetings_gb-001.

Question 27

Who cannot stand for election to the managing committee?

Accepted Answer

The following cannot stand: - a defaulter of any society; - a person in the business of letting, subletting or selling flats in the society; - a person held responsible under ss.79, 88, 154B-8(2) or 154B-27, or for inquiry costs; - a person convicted of an offence involving moral turpitude within six years; - a person with any other disqualification under the Act or bye-laws. Some of these carry a five-year bar. Section 154B-23(1) lists the statutory disqualifications for housing societies. Under s.154B-23(3), clauses (ii) to (v) bar re-election for five years after the member ceases to hold office. A defaulter becomes eligible once the default ends (s.154B-23(4)). The bye-laws add: - conviction for moral turpitude within six years (BL 116(a); dBL 112(b)); - unauthorised subletting under the 2014 bye-laws (BL 116(f)); - being held responsible under s.75(5) or s.78 (dBL 112(c)). The Returning Officer rejects the nomination of a disqualified candidate, with written reasons (76-I). A rejected candidate may appeal under s.152A.

Question 28

Can a member who owes maintenance still vote in the election or at the general meeting?

Accepted Answer

Yes. Chapter XIII-B of the Act governs voting in housing societies: one member, one vote, cast personally, with no condition about dues. Arrears do not take away the vote; they only bar the member from standing for or sitting on the committee. The election voter list covers every member on the register. Section 154B(2) says s.27 of the Act does not apply to housing societies, so the s.27(1A) rule that a non-active member cannot vote does not reach them. Voting is governed by s.154B-11: no member has more than one vote, exercised personally; an associate member votes with the member's written consent; a provisional member votes; for joint members the first-named holder present votes. None of this depends on paying dues. For committee elections the final 2021 rules build the provisional voter list from all members in the Register of Members (Form I) and the List of Members (Form J) on the date of publication (76-C(2)), without excluding defaulters. The 2026 Rules also removed the active-member apparatus (Forms J-1 and J-2 deleted; "active" deleted from Rule 60), and the draft 2026 bye-laws have no active-member class; BL 105 of the 2014 bye-laws still speaks of "every Active Member", which the Act no longer supports for housing societies. Arrears do disqualify a person from the committee (s.154B-23(1)(i); BL 116(b): dues unpaid three months after a written demand). A committee that wants to press defaulters should use recovery under s.154B-29, not the voter list.

Question 29

How is voting done at a small society's election, and can members demand a secret ballot?

Accepted Answer

The Returning Officer holds the election at a special general meeting with no other business. Voting is by show of hands unless more than one-fifth of the members present demand a secret ballot. Counting is done straight after the poll. The result goes to the society, and to the Registrar within seven days. The election steps under the draft rules: - The SGM notice is given at least 14 days ahead, on both notice boards and to each member
  (76-G).
- Nominations are filed in Form E-5 with a proposer and seconder (76-H). - The Returning Officer scrutinises them and records reasons for any rejection (76-I). - Candidates may withdraw in Form E-6 (76-J). - The list of contesting candidates is published in Form E-7 (76-K). - The poll is by show of hands, or by secret ballot if demanded by more than one-fifth of those
  present (76-L).
- Counting is immediate, and ties are decided by lot (76-M). - The proceedings and the result go in Form E-17 to the society, and to the Registrar within 7
  days (76-M(3)).
- Election papers are kept sealed for three months, longer if disputed (76-N). - The Returning Officer calls the office-bearers' election on 7 days' notice (76-O). Proxies are not allowed at general-body meetings (BL 103).

Question 30

How many committee seats does our society have, and are seats reserved?

Accepted Answer

Under the 2014 bye-laws the committee has 11 to 19 members by size. A Government Resolution of 3 Jan 2024 fixes 5 members (quorum 3) for societies with fewer than 35 members, and the draft 2026 bye-laws provide 7 for societies of up to 50. Two seats are reserved for women on every committee. SC/ST, OBC and VJ/NT/SBC seats apply where the State Government has so directed; the draft bye-laws apply only the women's seats to societies of 50 or fewer. The table: - BL 113 (2014): up to 100 members, 11 seats (quorum 6); 101-200, 13 (7); 201-300, 15 (8); 301-500, 17 (9); above 500, 19 (10). - dBL 109(d) (draft) adds a line for up to 50 members: 7 seats (5 general and 2 women), quorum 3. - dBL 109(c) (draft) applies only the women's reservation to societies of 50 or fewer. Under the Act the committee's size is what the State Government decides (s.154B-19(1)); two seats are reserved for women (s.154B-21); the SC/ST, OBC and VJ/NT/SBC seats apply to societies the Government directs (s.154B-20). Reserved seats that stay vacant are left out when counting the committee's strength for quorum (s.154B-22). The quorum fixed at the election does not shrink later (dBL 109(e)). A Government Resolution of 3 Jan 2024 under s.154B-19 prescribes 5 members with a quorum of 3 for societies with fewer than 35 members; the High Court held it prospective, governing committees elected after its date (Vijay Lakhi, paras 9, 88-92). research/01 separately records a GR of 28 Feb 2024 for societies up to 50 members; we have not seen its text.

Question 31

I think the election was rigged. Where can I challenge it?

Accepted Answer

Once the result is declared, an election dispute goes to the Co-operative Court under s.91. Rejection of a nomination has its own appeal under s.152A. Courts rarely stop an election midway. Keep the election papers under the seal of 76-N, and act quickly. BL 173(b)(ii) sends disputes about committee elections to the Co-operative Court, except rejection of nominations, which goes by appeal under s.152A. The Returning Officer must keep all election records sealed for three months. If the result is disputed, they are kept until the dispute is decided (76-N). A complaint that the election was not held at all, or not held in time, goes to the Registrar (BL 173(a)(xviii)). Limitation for a s.91 election dispute is short. Consult an advocate immediately.

Question 32

Does the 97th Constitutional Amendment (Part IXB) govern our society's elections?

Accepted Answer

No. The Supreme Court held in 2021 that Part IXB operates only for multi-State co-operative societies. Our elections are governed by the Maharashtra Act, which already provides for a five-year term and the SCEA. In Rajendra N. Shah the Supreme Court held that Part IXB needed ratification by the states insofar as it dealt with state co-operatives. The Court declared it "operative only insofar as it concerns multi-State co-operative societies" (para 80). Maharashtra had already amended its Act in 2013 (Act 16 of 2013). Those amendments added the SCEA machinery and ss.73CA and 78A, and they remain as state law.

Question 33

Two committee seats are reserved for women. Can more than two women be elected, or is two the maximum?

Accepted Answer

Two is the minimum, not a maximum. Every committee has two seats reserved for women. The general seats are open to every eligible member, men and women alike, so women can also contest and win general seats. BL 113 (2014) and dBL 109(d) (draft 2026) fix the seat table. Every size of society has two women's seats. Societies above 50 members also have one seat each for SC/ST, OBC and VJ/NT/SBC, and the rest are general seats. For societies of 50 or fewer members, only the women's reservation applies (dBL 109(c)). A reserved seat can be filled only by a candidate of that category. A general seat has no category limit, and nothing in the Act, the Rules or the bye-laws caps the number of women on a committee. A woman may file a nomination for a general seat (Form E-5), subject to the same eligibility and disqualification rules as anyone else (see elections-003). If a women's seat falls vacant mid-term, the co-optee must be a woman, because co-option is from the same class (BL 127; dBL 123(e)). Reserved seats left unfilled at an election are excluded when counting the committee's strength for quorum (dBL 109(e)).

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