Updated Maharashtra Co-op Society Election Rules stop ad-hoc extensions of Managing Committee, enhance transparency

The often-delayed question in housing societies – who will run the society and how – has now got a clear legal backing. The Maharashtra state government has notified strict implementation of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014 as amended in 2019 & 2026, under Section 73CB of the MCS Act, applicable from June 30, 2026. The move aims to end ad-hoc committee extensions and bring transparency in how 1.25 lakh housing societies elect their managing committee, explains Thane Co-operative Advocates Association President Adv. Satnam Singh Rasgotra. What Changes On Ground: 1. Two Categories of Societies: The Act now codifies who conducts elections. Housing societies with 250 or fewer members (E-Class societies) will conduct their own election. Societies with more than 250 members will have elections conducted by the State Co-operative Election Authority (SCEA), Pune through District Election Officer. 1. Returning Officer Appointment is Compulsory Every E-Class society must appoint a Returning Officer 60 days before expiry of the 5-year term of the committee. The RO must be a person not contesting the election, from the society itself or from the panel trained by a notified institute and registered with the Divisional Joint Registrar. No more last-minute appointments. 1. Fixed 5-Year Term & Administrator Threat: The term of the committee is strictly 5 years. As per the new proposal in MCS (Amendment) Bill 2025, if a committee fails to hold elections before expiry, an Administrator will be appointed automatically the next day. No extension on pretext of pending work. 1. Reservation & Strength of Committee: The committee strength will be 11 to 21 members, but for societies below 50 members, it will be 7 members only as per 28 Feb 2024 order. Out of total seats, reservation is compulsory: 2 seats for Women, 1 for SC/ST, 1 for OBC, and 1 for VJ/NT & SBC. If reserved candidates are not available, seats remain vacant but election is valid. 1. New Timeline & Remedy for Residents Procedure: E-2 Form to Registrar -Provisional Voters List (Active & Non-Active members list) -Final Voters List -Nomination (Fee Rs.100/-) -Scrutiny -Polling in Special GBM -Result - Election of Chairman, Secretary, Treasurer within 15 days of result under supervision of SCEA officer. If a society fails to conduct elections, any member can complain to the Taluka Deputy Registrar / SCEA, who can issue binding directions to hold elections. Also, no-confidence motion against office bearers cannot be moved within 2 years of taking charge (amended from 6 months). Before vs After 2026 Notification: Previously, there was confusion whether society should approach SCEA or conduct itself, committees were continuing beyond 5 years, and RO was appointed 2 days before election. Now, classification based on 250 members is compulsory, RO appointment 60 days prior is mandatory, E-Voter list preparation is must, and audit of election expenses is required. As Thane Co-operative Advocates Association President Adv. Satnam Singh Rasgotra notes in conclusion, Members who are defaulters under Section 73CA or disqualified under bye-laws cannot vote or contest. But every active member must vote. “A transparent election is the foundation of a strong society,” he concludes.