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Friday 8 October 2021

Housing Society Election Process

Housing society election rule which has less than or up to two hundred and fifty (250) members

As per Section 73CB(1) of the Maharashtra Co-operative Society Act 1960, the superintendence directions and conduct of all elections to a co-op housing society shall vest in the authority called State Cooperative Election Authority (SCEA).

The State Government notification dated 6th April 2021, amended the Maharashtra Co-operative Society (Election to a committee) Rules 2014, to prescribe the procedure of election of housing society having less than or up to 250 members.

76-B. Appointment of Returning Officer to conduct the election.—The Returning Officer shall be appointed by the Managing committee of such Societies 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 sixty days of the expiry of the tenure of the existing Committee and communicate the same to the Registrar :

Provided that, no auditor, employee or any member of the outgoing management committee of such Society shall be appointed as Returning Officer for conducting an election to committee of such society:

Provided further that, the Returning Officer so appointed shall undergo training related to the election, from any District Housing Co-operative Federation or any training institute notified by the State Government, from time to time:

Provided further that, if a committee of such society fails to appoint Returning Officer, then the Registrar shall appoint the Returning Officer from the panel.

Appointment of Returning Officer to conduct election

1. The Housing Societies have less than or up to two hundred and fifty (250) members as of 31st March of the preceding year.
2. 76-B # Appointment of Returning Officer (RO) to conduct election –
3. The RO shall be appointed by the Managing Committee before 60 days of the expiry of the tenure of the existing committee. RO should be
     - From the panel of Returning Officers approved by SCEA and maintained by Divisional Joint Registrar, OR
     - Every appointment of Returning Officer shall be communicated to the Registrar at the earliest.
     - If the committee fails to appoint the RO, then the Registrar appoints the RO from the panel of Returning Officer approved by SCEA.

The following persons cannot be appointed as Returning Officer

- Auditor
An employee of the society or
- Any member of the outgoing Management Committee.

Note :
- The RO shall provide the Managing Committee a written consent cum declaration for his appointment as a Returning Officer.
- The Returning Officer shall undergo training related to election from
      (a) Any District Housing Co-operative Federation or
      (b) Any training institute notified by the State Government, from time to  time 
      (c) Cost of training shall be borne by the society

Housing society election procedure: 

The Returning officer shall draw and declare a program of various stages of an election, within 7 days of the display of a final list of voters of the society, which shall be as follows:

(i) Date of declaration of election program
(ii) Last date for making nominations.
(iii) Date of publication of the list of nominations received.
(iv) Date of scrutiny of nomination.
(v) Date of publication of a list of valid nominations after scrutiny.
(vi) Date by which candidature may be withdrawn.
(vii) Date of publication of Final List of contesting candidates and allotment of election symbols.
(viii) Date and time and place of special General Body Meeting in which the poll shall be taken or declaration of the uncontested election.
(ix) Date, time, and place for counting Votes.
(x) Date of declaration of results of the voting.




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