BEFORE THE OFFICE OF THE DEPUTY REGISTRAR

CO-OPERATIVE SOCIETIES, BELAPUR CBD

APPLICATION NO. OF

N-Ward, 3rd Floor, Room no. 311, Konkan Bhavan, Belapur,

Navi Mumbai, Mumbai – 400 614.

Meera Thakkar …Applicant

Vs.
Mukteshwari …Opponent

WRITTEN STATEMENT ON THE BEHALF OF THE OPPONENT

1. The Opponent is a housing co-operative society i.e. Guru Krupa Co -

operative housing society, registered under Co–operative societies Act,
1960 in which the Building Mukteswari comes under the said society.

2. The Applicant i.e. Meera Thakkar claims that she is an associate

member of the society as her mother i.e. Bhavana Thakkar who is an
active member of the society.

3. The opponent states that the Applicant has started working as an

active member of the society on behalf of her mother .i.e. Bhavana
Thakkar by the way of Power of Attorney (POA). The Opponent states
that the membership cannot be transferred with the help of POA.

Below is the process and the bye law of MCS Act 1960 for admitting a
new associate member in the co-operative housing society.

ASSOCIATE MEMBER

As per bye-law no 19 (b) of Maharashtra co-operative societies act

1960, the process of appointing of the associate member can be done
 by submitting a valid application in prescribed form for such
membership, along with the entrance fees of Rs.100/-

The bye-law no 19 (b) of Maharashtra co -operative societies act

1960, read thus;

An Individual, a Firm, a Company or a Body Corporate, registered

under any Law for the time being in force, who/ which is eligible to be
an Associate Member and who/which shall apply through Member in
the prescribed form for such Membership, along with the entrance fee of
Rs. 100/-, may be admitted as Associate Member by the Committee.

A copy of letter issued by deputy registrar on 28/07/22 in which

applicant has resigned on behalf of her mother who was a treasurers.
Therefore it is clear that the Applicant has misused her mother’s post
by claiming to be the treasurer of the society.
A copy of said letter is annexed and marked as “Exhibit A”.

4. The Opponent state that the applicant is not an official associate

member of the society and furthermore there was no meeting
conducted with the committee member for the admission of the said
associate member.

5. The opponent states that the treasurer .i.e. Bhavana Thakkar has not
transferred active membership to Applicant by which way she can
hold the position of the office bearer in the co-operative housing
society. As per bye law 117 of MCS 1960 states the rules for being
elected as a member of the committee.

No person shall be eligible for being elected as Member of the

Committee or co-opted on it if :-

(a) he / she has been convicted of the offence, involving moral turpitude,
unless the period of six years has elapsed since his conviction ;
(b) he / has defaults the payment of dues to the Society, within three months
from the date of service of notice in writing, served either by hand delivery
or by registered post, demanding the payment of dues ;
(c) he /she has been held responsible under Section 79 / 88 / 147 of the Act
or has been held responsible for the payment of the costs of enquiry
under Section 85 of the Act;
(d) In case of an Associate Member, non-submission of the no-objection
certificate and undertaking, as prescribed under these bye-laws, by the
Member ;
(e) he is not an Active Member ;
(f) he has without previous permission in writing has sublet his flat or part
thereof or given it on leave and license or care taker basis or has parted
with its possession in any other manner or has sold his shares and interest
in the society

CIRCUMSTANCES UNDER WHICH A PERSON CEASES TO BE A

MEMBER AS PER BYE LAW NO 55.
The person shall cease to be the Member of the Society:
a. On his resignation from Membership of the Society having been
accepted by the committee.
b. On transfer of all his shares and interest in the capital/property of
the Society.
c. On his death.
d. On his expulsion from the Membership of the Society.
e. On being adjudged as an insolvent or legally disabled from
continuing as Member.
f. If the whereabouts of the Member are not known for continuous
seven years and if his shares & interest in the property/capital of
the Society is not claimed by anybody else.
g. On cessation of right/title & interest of a Member in the property
of the Society, by way of legal attachment or sale.
h. Any transfer if void as provided under bye law number 39 (d)

PROCESS OF TRANSFER OF SHARES AND INTEREST IN THE

CAPITAL/PROPERTY OF THE SOCIETY AS PER BYE LAW NO 38

a. A Member, desiring to transfer his shares and interest in the

capital/property of the Society shall give 15 days' notice of his
 intention to do so to the Secretary of the Society in
the prescribed form, along with the consent of the proposed
transferee in the prescribed form.
b. On receipt of such notice, the Secretary of the Society shall
place the same before the meeting of the Committee, held next
after the receipt of the notice, pointing out whether the Member
is prima-fascia eligible to transfer his shares and interest in the
capital/property of the Society, in view of the provisions
of Section 29(2)(a) of the Act .
c. In the event of ineligibility in view of the provisions of section
29(2)(a) & (b) of the act of the Member to transfer his shares
and interest in the capital/property of the Society, the
Committee shall direct the Secretary of the Society to inform the
Member accordingly within 8 days of the decision of the
Committee.
d. "No Objection Certificate" of the Society is not required to
transfer the shares and interest of the transferor to transferee.
However in case such a certificate is required by the transferor
or transferee, he shall apply to the Society and Committee of
the Society may consider such application on merit, within one
month.

6. The Opponent states that the Applicants mother was a Treasurer of

the society but never attended any meeting. Instead her daughter .i.e.
the Applicant used to attends all meetings on her mothers behalf
without being an official Associate member nor having submitted any
Authority letter by Treasurer on the same which is illegal and wrongly
enough as per the MCS act.

7. The Opponent states that the treasurer had not resigned from the
post and there has been no transfer of the post to another member
whereas as per the summon from Deputy Registrar of Co-operative
Society N ward, it states that on the behalf of treasurer i.e. Bhavna
Thakkar, Meera Thakkar has signed the resignation letter which is
illegal.

As per bye law 25 of Maharashtra Co-operative Societies Act 1960:

No rights of Membership for Associate member except that under
Section 27(2)
No Associate Member shall have any rights or privileges of an active
Member except as provided under Section 27(2) of the Act and fulfil the
conditions of bye-law 22(a).

RESIGNATION BY OFFICE BEARERS

As per bye law no 131 the rules laid down for resignation of office
bearer are as below:

A Member of the Committee may, by a letter addressed to the

Chairman of the Society, resign his Membership of the committee. The
resignation shall be effective from the date it is accepted by the
Committee or on expiry or the period of one month from the date of
the receipt of the letter or resignation by the Chairman or the
Secretary of the Society, whichever is earlier.
a. The Chairman of the Society may resign his office as Chairman by
a letter addressed to the Secretary of the Society;
b. The Secretary or Treasurer of the Society may resign his office as
Secretary or Treasurer by a letter addressed to the Chairman of the
Society.
c. Chairman/Secretary/Treasurer’s resignation will be effective only
after its acceptance and handing over the charge to the newly
elected Chairman/Secretary/Treasurer, as the case may
be.
d. The Committee may accept the resignation of the office of the
Chairman/Secretary/Treasurer only after it is satisfied that the
Chairman or as the case may be the Secretary or Treasurer of the
Society has brought up to date the work entrusted to him and has
produced the entire papers and property of the Society, in his
possession, before the Committee. e. In case entire committee
intends to resign, the resignations of the committee shall be
placed before the General Body and such resignations shall be
effective from the date of acceptance of such resignations by the
General Body. This fact of acceptance of resignations of the entire
Committee by the General Body, shall be communicated to the
Registrar by the outgoing officers and Registrar may take
necessary action as provided under section 77 A of the Act.
However the existing Committee shall continue to carry on with
 only routine functioning of the Society, till alternate arrangement
is made by the Registrar.

VOTING RIGHTS
8. As per section 27(2) of the Act, the associate member only has the
right to attend the general meeting and also vote but not act as a
treasurer on the behalf of member.

9. The opponent states that the Applicant themselves are defaulter due
to non-payment of maintenance which amounts to disqualification as
committee member, as per section 73-CA of Maharashtra Co-
Operative Societies Act, 1960.

10. As per the complaint from the Applicant to the Deputy Registrar
Co-Operative Societies, N ward dated 21/7/2022 the Applicant states
that the Chairman has resigned from his position on 27 th March 2022,
which is complete false statement, the Chairman has still not resigned
from his position.

11. The Applicant is making false statement in front of the deputy

registrar who is a public servant to cause annoyance within the
members of the society and fraudulently conduct re-election for
selection of managing committee.

As per section 182 of IPC. False information, with intent to cause

public servant to use his lawful power to the injury of another
person.-- Whoever gives to any public servant any information which
he knows or believes to be false, intending thereby to cause, or
knowing it to be likely that he will thereby cause, such public servant.

(a) to do or omit anything which such public servant ought not to do or

omit if the true state of facts respecting which such information is given
were known by him, or
(b) to use the lawful power of such public servant to the injury or
annoyance of any person, shall be punished with imprisonment of
either description for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both.
 APPOINTMENT OF ADMINISTRATOR

12. As per sec 78(2) of MCS ACT 1960, where there is a willful failure
on the part of the committee to hold election to the committee
before the expiration of its term, the committee shall cease to
function on the expiration of its term and the members thereof shall
cease to hold office and the Registrar may himself take over the
management of the society or appoint an Administrator (who shall
not be from amongst the members of the committee the term of
which has so expired) and the Registrar or Administrator shall hold
election within a period of six months and the committee shall be
constituted before the expiration of that period.

TENURE OF ADMINISTRATOR:

13. The law provides for appointment inter alia of the administrator for
a maximum period of 6 months which may be extended for a
further maximum of 3 months. However, suffice to emphasize that
such an extension has to be for the reasons to be recorded in
writing and under proper intimations to the society. All powers
whether judicial, quasi judicial or administrative are to be exercised
objectively and reasonably. The spirit of the law is that the
administrator should set the things right and hold the elections at
the earliest. The administrator is like a guest to manage the affairs
of the society on adhoc basis till new committee is constituted by
due process of law. Problems may arise when the guest overstays
and beyond the need

POWERS AND FUNCTIONS OF ADMINISTRATOR:

14. Being an adhoc appointee, the powers of an administrator are quite

restricted. The administrator replaces the managing committee and
therefore the powers of an administrator, under no circumstances,
can exceed the powers of the managing committee.

PROCEDURES OF CONDUCTING ELECTIONS

15. Society has conducted urgent meeting to appoint the election

commissioner for conducting election with the signature of
chairman. All the members have agreed to conduct the election
and appoint new committee.
 PRAYERS:

As per the MCS Act 1960 rules & bye laws the Deputy Registrar
pleased to pass:

1) Order to reject the false complaint filed by Applicant.

2) Allow to conduct the election with the help of Chairman.

3) Any other order in interest of justice.

Place :

Date : ADVOCATE FOR THE

OPPONENT