Proxy of member of co-operative society not entitled to vote in AGM or SGM

PROXY: Proxy is an authorized person in writing  by a person authorizing a proxy to do or not to do any act on behalf of a person on certain date or occasion. Such an authorized person may be spouse, child, grown up child or a any other relative or a friend named in the proxy letter.

SPOUSE: Spouse mean the second one of married couple. i.e. Husband & Wife. Husband is spouse of wife and wife is spouse of husband.

AGM or SGM: AGM is Annual General Meeting to be held as per statutory provisions of the DCS Act, 2003 (Delhi Co-operative Societies Act, 2003), once a year for the purpose of presenting Audited Balance sheet to the members for their approval and also to get the next years programme and its expenses approved from the members besides other matters of all the members of the co-operative society. SGM is any general meeting of the members, other than the Annual General Meeting held for any other special reasons as my be decided by the Managing Committee or its members from time to time.

MEMBER: means a person joining in the application for the registration of a co-operative society and a person admitted to the membership after such registration in accordance with this DCS Act, the rules and the bye laws of the society and it includes a nominal or associate or joint member and the Govt when it subscribes to the share capital of a co-operative society.

ATTENDANCE IN A MEETING OF MEMBERS: Annual general meeting or a special general meeting in a co-operative society is conducted of members only. Only the members are to attend. If a co-operative society is of 100 members, only 100 persons can be present, if all the shareholders have come. Only a member can attend the meeting. In case of joint membership of 2 or 3 persons in one flat, only one person whose name is 1st is entitled to attend and vote in the meeting.

spring valley gate legal-path.com

 

PRACTICAL PROCEDURE WHICH MAY BE ADOPTED AT THE VENUE: The agenda for the meeting which shall be discussed and approved is given sufficiently in advance to all the members. Therefore, the members can discuss among their spouse or relatives or friends before coming to the meeting. In the venue of the meeting place, only the members who are eligible to cast vote should be allowed as per law.

WHOSE RESPONSIBILITY TO ENFORCE DISCIPLINE: If an observer has been invited from the office of the co-operative society, the members are required to lodge written protest with him and not allow the meeting to continue until proper discipline is maintained among the members to ensure that only the members who are eligible to vote shall attend the general meeting.

WHAT OPTIONS AVAILABLE: The society may videograph the proceedings and any member also may photo shoot or make a video of the attending persons. Who so ever is present will be counted as a person allowed by the Managing Committee to sit in the meeting.

IN CASE YOU HAVE ANY MORE DOUBT OR REQUIRE LEGAL ASSISTANCE, LEAVE A COMMENT BELOW

 

About the author

Advocateji.Com publishes problems of public & provides free advice in 24 hours on its web-site at New Delhi

14 Comments

  • CVVISWANATH says:

    Sir In our association, I am told for the ensuring EGM to amend bye laws M.Committee is adopting a new tactics of handing proxies to the wifes of supporting Group of members and other persons and cajoling them to attend the meeting with the proxies. Ths is OK , but what is disturbing is to know that when the head count happens at EGM they will count the head of the couriers of Proxies also to gather quorum for the meeting and decision making. Is this Ultra Vires or permitted. I need your clarification urgently, as the meeting is on 12th July. Rgds

    View Comment
  • Ajit Bellare says:

    What are ‘Mandatory aspects of AGM attendance ‘

    View Comment
  • Ramesh Rao says:

    i live in a co-operative housing society in Thane,Maharashtra where my wife is a member.Can I attend the AGM with a authority letter from my wife? I will not vote.But can I discuss the problems which we are facing and seek the details of Annual accounts?Please clarify this.

    View Comment
  • Rakesh says:

    Can members request RCS to appoint an observer for AGM? Please suggest.

    View Comment
  • Vidhu Vohra says:

    IF A MEMBER HAS NOT ATTENDED ANY AGM OR SAGM FOR LAST FIVE YEARS IS THAT MEMBER ENTITLED TO CONTEST ELECTION OR TO VOTE

    View Comment
  • Suresh Kamat says:

    There seems to be lot of confusion regarding entitled of an Associate member whose name is second on the share certificate.

    1 Is he entitleld to vote in the absence of the primary member ?
    2.Can he contest elections in the absence of the primary member ?

    View Comment
  • Sha says:

    I am the son of the member of the flat. Have the authorisation letter from the member to attend the meetings and actively participate in the discussion. Will i be allowed to attend the meetings & discuss the matters in the meetings?
    Thanks.

    View Comment
  • hedu says:

    i have authority letter from my wife to attend AGM. can society object on me attending meeting on behalf of wife. I am not asking for voting power or active participation in discussion.
    Please answer

    View Comment
  • Chhaya Shah says:

    In our society one of members is not living in mumbai & ही has given authority to Secretary for future reference, does his absence is calculated as presence in AGM

    View Comment
  • Kumar says:

    Sir, As per new election rules only owners of flats can be associate members?. So what happens to the Associate members of of other members who are not part owners (as earlier there was no such condition). Can the society recognise previous associate members who are not co-owners and deny new owners this facility wherein they cannot make any family an associate member to interact with the Society. Thank you for your reply in advance.

    View Comment
  • can a member looses his/her rigts to vote in agm or sgm of acoop.soc if not attanded previous meeting.can a proxy of a an absent member allowed to vote on her /*his behalf

    View Comment
  • H v kalamkar says:

    If quoram is not fulfilled can Power of attorney holder be counted in quoram for SGM. What is the solution if quoram is just missing by 10 votes. 1 or 2 percent less to quoram desperately wants redeveloent.

    View Comment
  • Gurpreet G Kalra says:

    Sir, my question is, can a management committee of a cghs under DCS Act declare and hold elections for the new committee after it has already expired its term and without ad hoc approval of the general body of the society is still continuing?

    View Comment
  • Bijaya Ketan Das says:

    Whether under Rajasthan co-up societies act , proxy can vote in AGM or for election of office bearers

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *