Can spouse, son or father attend AGM of co-operative society

As per Delhi co-operative societies Act, 2003, Delhi co-operative Societies Rules, 2007 and bye laws of any of the co-operative society registered in NCT of Delhi, only the members of the co-operative society are eligible to vote in any of the general meeting of he co-operative society.

What is AGM or SGM

AGM is Annual General Meeting and SGM is Special General Meeting of members of the co-operative society. Therefore the invitation or circular is given only to the members of the co-operative society to attend such meetings of the members of the said co-operative society.

Joint member or co-member

Even if the membership is in joint names, only the member who stands first in order of joint names shall be eligible to vote in the meeting and not other joint members or co-members.

Spouse, son, father or any relative or friend

Such relatives or friends even if given a written authority or power of attorney are not allowed to vote, if they are not members of the co-operative society, therefore they are not and they should not be allowed to attend the meeting of members.

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Proxy not authorized 

Even when any member of official of the co-operative society has received a proxy letter or power of attorney from any person or through any media or written as accepted on it, the non-member cannot and should not be allowed to attend the meeting of the members of the co-operative society.

Active member / Passive member

Some people are having this confusion in their mind that the passive member will sit separately in the meeting or behind the meeting of the co-operative society and in such cases the managing committee should allow them on humanitarian grounds. The legal position is that, the meeting of members should be such in which others are not able to disturb or any other person has no say or no influence that so on so is also watching. It must be an independent meeting of the members. The only person who could be there as a non-member is a representative of the Registrar of co-operative society or any person already appointed or invited by a meeting of the managing committee for a certain purpose of the society work only.

Objections if any

Any member of the co-operative society can raise a verbal or written objection and the Chairman or President of the co-operative society is responsible to vacate the objection in a legal manner and also record the same in the minutes of meeting of the general meeting. Non member cannot raise any objection in conduct of any general meeting.

Where to approach in case of need

The co-operative society is run under the administrative control of the Registrar of co-operative societies and therefore, all complaints should be lodged with the Registrar of co-operative societies as early as is possible but not later than 30 days.

If no one hears or resolves the problem

Any person whose problem or objection is not heard or resolved by the society or managing committee or the Registrar of co-operative society also, may take a legal recourse to compel the co-operative society to work as per laws of the land, as your fundamental right.

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15 Comments

  • Rakesh says:

    In your other post, you have mentioned following while this post says Joint member can’t even attend AGM or vote. Which one is actually correct?

    Any one of the joint member is a member of the co-operative society. Every member has the right to fight election. How and what section and what rule it can be done and how, what and when it should be done, can be consulted from any legal expert of your choice Or you may take assistance / consultancy services of our legal expert by click of mouse here.

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  • pacific says:

    What has to be done if the committee members are taking agm without prior notice ? & declaring the maintenance work expenses And harassing by sending notice of 20 percent interest ?

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  • Stephen Wharton says:

    Kindly highlight and court order where other than the names in the deed are not eligible to attend meetings. Thanks

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  • Stephen Wharton says:

    Authority/Court order that spouse, son or father whose names are not in the title deed holder/joint holder cannot attend monthly meetings.

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  • Roshni Sampat says:

    My grandma is too old to attend AGM or SGM she has given authorization to me but whenever I go for complaining hee says you aren’t a member. I can’t take your complaint.

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  • Manish Jain says:

    There are two co-owners of a flat in Group Housing Society. Can the member whose name appears first give NOC in favour of the other (2nd) co-owner to fight elections ? If so, is NOC required on plain or stamp paper ?. Pls advise asap

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  • Manish Jain says:

    There are two joint owners of a flat in group co-op housing society. Can first named co-owner give NOC in favour of the second co-owner to vote in his place in the Society Elections ?

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  • Mahesh Jarka says:

    Can I make online complaint to Registrar of CHS? If yes , pls send me email address of Ambernath East area. Pin No. 421501.

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  • A.Srinivas says:

    i A.Srinivas (one flat co-applicant.applicant my wife, co-applicant my self, iam eligable or notelgigable for any attend the society meeting,pls send me email address of badlapur east pin 421503

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  • M Kumar says:

    HI,
    I am a member of my Hosing society as my name appears first on the share certificate. I would request you to kinldy answer my below queries:
    1. In a recently concluded AGM at my society, it was voted in majority that over-head tanks installed in flats shall be removed(As we are facing some water problems from municilapl supplies), BUT I have aged Parents ( over 70 years) who cannot lift buckets or mugs in case of need. Hence overhead tanks have become my necessity. Now since the majority(22/16) have voted against water tanks, I have been asked to remove them.
    I would like to know, how can I put my case forward to get a waiver/exemption from this rule which has been mandated by the MC. OR where can I appeal in case of support.
    2. Though I understand that associate members(Co-Owner) can only vote in absence of first member, BUT can they attend the AGM jointly. Is this specifically mentioned in the Book of Rule?

    Looking for a quick early, and thanks in advance in answering my queries.

    Thanks
    MKumar

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  • Mahesh Shetty says:

    I am a resident of Thane city in Maharashtra. My question to you is. Can a spouse who is not a joint owner of a flat dictate terms in a society meeting? Does he/she have the right to attend the society meetings? Is there a clause in the model bye laws of Co-op Hsg Society on this?

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  • Anupam N K says:

    In our society a flat was owned by a couple having 3 sons. Both the parents expired in due course. My question is who of the three sons(all in legal age) can attend AGM and has right to vote or stand for a post in society?

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  • SUMAN KUMAR AGRAWAL says:

    Flat purchased in wife name.can spouse of her contest election of housing society as per chhattisgarh act.

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  • I am a member of the cooperative Housing Society in Versova, Andheri(W), Mumbai.

    Please guide me if my Husband can attend the various meetings of the society.

    If so under what provision.

    Is there any Court Judgments in this regard?

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  • Advocateji says:

    Dear RMS, husband of member is not allowed as per DCS Act & rules

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