Maharashtra drops ‘inactive member’ clause for housing society polls

This new order has been welcomed by housing activists on the grounds that attending GB meetings is voluntary and should not become a yardstick of members being declared inactive.

The Maharashtra government has dropped the provision of “inactive member” who were barred from casting votes and contesting housing society elections. This was in reference to the amendment carried out in 2018 where the government mandated that any member who has not attended five consecutive general body (GB) meetings be declared “inactive member”.

Maharashtra chief minister Uddhav Balasaheb Thackeray. (FILE)

Recently, the Maharashtra law and Judiciary department has carried out amendment in section 26 of the Maharashtra Cooperative Societies Act, 1960. It said that “in respect of the elections of societies to be conducted on or before 31st March 2022, all the members of the society shall be eligible for voting unless otherwise ineligible for voting”.

This new order has been welcomed by housing activists on the grounds that attending GB meetings is voluntary and should not become a yardstick of members being declared inactive.

“If citizens are allowed to contest as well as cast votes in our parliamentary democracy irrespective of their record of public service or their history of taking part in voting, then why is there discrimination with housing society members,” asked advocate Vinod Sampat, who deals in real estate cases.

Similar is the contention of Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association (MSWA) who said, “Societies are taking the same maintenance amount from all members irrespective of their participation in GB meetings. Then all should be allowed to exercise their franchise in the society elections.”

Housing activists said since all members contribute to the maintenance of the building, it was unfair to debar them.

Housing society elections across the state have not been held since the past two years owing to new rules being framed and the Covid-19 pandemic. The government has now given extension to the current managing committee to continue till August 31.

Housing societies, too, welcomed scrapping of the clause. “Many members tend to avoid attending GB meetings as there are fights, and they do not want to take part in such untoward incidents. However, depriving them of voting or taking part in elections was a wrong step which has now been rectified by the government,” said Dhaval Shah, chairman of Lokhandwala-Oshiwara Citizens’ Association.