Filling a casual vacancy of a committee member in a housing cooperative society in Maharashtra is governed by the Maharashtra Cooperative Societies Act, 1960 and its corresponding rules. Below are the steps and relevant provisions you need to follow:
1. Notice of Casual Vacancy: When a casual vacancy arises due to the resignation, death, or disqualification of a committee member, the society should notify the Registrar of Cooperatives and display a notice of the vacancy on the society's notice board.
2. Formation of Sub-Committee: The existing committee can nominate a sub-committee to recommend suitable candidates to fill the vacant position. This sub-committee usually consists of a few committee members and other society members.
3. Eligibility Criteria: The sub-committee should establish the eligibility criteria for candidates who wish to contest the casual vacancy. This may include requirements like minimum membership tenure, no outstanding dues, etc.
4.Inviting Nominations: The sub-committee should invite nominations from eligible society members for the vacant position. A notice inviting nominations should be sent to all members and displayed on the society's notice board.
5. Scrutiny of Nominations: After the nomination period is over, the sub-committee should scrutinize the received nominations to ensure the eligibility of the candidates.
6. Display of List of Candidates: The sub-committee should then display the list of eligible candidates along with their credentials on the society's notice board.
7. Election (if required): If more than one eligible candidate has applied for the vacancy, an election should be conducted among the society members to choose the new committee member. The election should be conducted as per the by-laws of the society and the Cooperative Societies Act.
8. Intimation to Registrar: Once the new committee member is elected or selected, the society should inform the Registrar of Cooperatives about the filling of the casual vacancy and provide necessary details.
9. Co-option (if allowed): In some cases, the society's by-laws might allow the existing committee to co-opt a new member to fill the casual vacancy. This co-option should be done following the procedures outlined in the by-laws and the Cooperative Societies Act.
10. Formal Induction: The newly filled committee member should be formally inducted into the committee, and they should be made aware of their rights, responsibilities, and obligations.
It's important to note that the specific procedures and requirements might vary slightly based on the society's by-laws and the rules laid out by the Maharashtra Cooperative Societies Act.
See the Rule 74 of
Maharashtra Co-operative Societies (Election to Committee) Rules, 2014 below:
74. Casual vacancies how to be filled in. - In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence of such vacancies to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of the Act. The person so elected or co-opted or, as the case may be, nominated shall hold office so long only as the member of the committee in whose place he is elected, is co-opted or, as the case may be, nominated would have held it, if the vacancy had not occurred.