Response

In August 2021, the Maharashtra government removed the Ôinactive memberÕ provision in Section 26 of the Maharashtra Cooperative Societies Act, 1960, thus, allowing all eligible members of the society to cast their vote in society elections held on or before March 31, 2022, irrespective of them attending the general body meetings.

With this modification, the 2018 ruling that Ôinactive membersÕ cannot cast their votes or contest housing society elections does not hold true anymore.

In 2018, the Maharashtra government had made an amendment to Section 26 of the Maharashtra Cooperative Societies Act, 1960, which stated that any member of the society who had not attended
five successive general body meetings, would be termed an Ôinactive memberÕ.

As a result, he would lose his membership rights, including contesting elections and casting votes.

According to the amendment in 2021, to Section 26 of the Maharashtra Cooperative Societies Act, 1960, a non-active member has the right to vote and contest society elections.

No proxy or a holder of power of attorney or letter of authority shall be eligible to attend the AGM of the Society.

The AGM of the society cannot be convened unless a notice of 14 days is given to the members.

The main purpose of the AGM of a society is to adopt and approve the annual accounts of the society by the members and to receive an annual report of the affairs of the society.

Reference: Maharashtra Cooperative Societies Act, 1960 – 202100498-20210043-11995

LAW4458

LAWAYZ-2023-12