Section 27 in The Maharashtra Co-Operative Societies Act, 1960
27. Voting powers of members.
- [(1) Save as otherwise provided in sub-section (2) to (7), both inclusive, no member of any society shall have more than one vote in its affairs; and every right to vote shall be exercised personally and not by proxy:Provided that, in the case of an equality of votes the Chairman shall have a casting vote;] [Sub-section (1) was substituted for the original by Maharashtra 45 of 1983, Section 2(a).][Explanation. - For the purposes of this sub-section, 'votes to more than one candidate from the panel' shall be treated as one vote.] [This Explanation was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 16(a), (w.e.f. 14-2-2013).](1A)[ Notwithstanding anything contained in sub-section (1), an active member who subsequently fails to participate in the affairs of the society and to use the services upto the minimum level as specified, from time to time, in the by-laws, shall cease to be an active member and shall not be entitled to vote.] [Sub-section (1A) was inserted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 16(b), (w.e.f. 14-2-2013).](2)Where a share of a society is held jointly by more than one person, [the person whose name stands first in the share certificate, if present, shall have the right to vote. But in his absence the person whose name stands second, and in the absence of both, the person whose name stands next, and likewise, in the absence of the preceding persons the person whose name is next on the share certificate, who is present and who is not a minor, shall have the right to vote.] [These words were substituted for the words, 'only the person whose name stands first in the share certificate, shall have the right to vote, by Maharashtra 27 of 1969, Section 8(6).](3)[ A society which has invested any part of its funds in the shares of any federal society, may appoint one of its [active] [Sub-section (3) was substituted by Maharashtra 41 of 2000, Section 2, (w.e.f. 23-8-2000).] members to vote on its behalf in the affairs of that federal society; and accordingly such member shall have the right to vote on behalf of the society:Provided that, any new member society of a federal society shall be eligible to vote in the affairs of that federal society only after the completion of the period of three years from the date of its investing any part of its fund in the shares of such federal society:[* * *] [Sub-section (3) was substituted by Maharashtra 41 of 2000. Subsequently the second proviso to sub-section (3) was substituted by Maharashtra Order No. 12 of 2001 w.e.f. 23-4-2001. But this ordinance lapsed as it was not converted Into an Act.](3A)An individual member of a society shall not be eligible for voting in the affairs of that society for a period of two years from the date of his enrollment as a member of such society.]:[Provided that, nothing in this sub-section shall apply in respect of a co-operative housing society and a co-operative premises society.] [This proviso was added by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 16(C-1), (w.e.f. 14-2-2013).](4)A company or any other body corporate constituted under any law for the time being in force which has invested any part of its funds in the shares of a society may appoint any one of its directors or officers to vote on its behalf in the affairs of such society; and accordingly such director or officer shall-have the right to vote on behalf of the company or body corporate.(5)Where a firm has invested any part of its funds in the shares of a society, any one of its partners [appointed by the firm] [These words were inserted by Maharashtra 33 of 1963, Section 5.] shall be entitled to vote in the affairs of the society on behalf of the firm.(6)A local authority or public trust which has invested any part of its funds in the shares of a society, may appoint any of its members or trustees, to vote on its behalf in the affairs of that society; and accordingly such persons shall have the right to vote on behalf of the local authority or the public trust, as the case may be.(7)In the case of a federal society, the voting rights of individual members thereof shall be such as may be regulated by the rules made under this Act and by the bye-laws of the society.(8)No nominal [* *] [The word 'associate' was deleted by Maharashtra 27 of 1969, Section 8(c).] [* *] [The words 'or sympathiser' were deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 16(d), (w.e.f. 14-2-2013).] member shall have the right to vote [and no such member shall be eligible to be a member of a committee or for appointment as a representative of the society on any other society] [These words were added by Maharashtra 27 of 1969, Section 8(c).].(9)[ No nominee of the Government or of any financing bank on the committee of any society shall be entitled to vote at any election of officers of such committee such as, the President, Vice-President, Chairman, Vice-Chairman, Secretary, Treasurer or any other officer by whatsoever designation called, who holds the office by virtue of his election to that office.] [Sub-section (9) was substituted by Maharashtra 7 of 1997, Section 5.](10)[ [If a member has taken a loan from the society, such member shall, whenever he is a defaulter, as provided in the Explanation to clause (i) of subsection (1) of section 73CA have no right to vote in the affairs of the society] [Sub-sections (10) and (11) were added by Maharashtra 3 of 1974, Section 6.]:Provided that, a member shall not be deemed to be a defaulter if he has discharged his obligation to deliver his marketable produce to the marketing or processing society and the value of such produce is not less than the amount of his dues, even if the actual settlement of his dues, either in whole or in part, takes place at a later stage.(11)The agricultural credit society may issue suitable orders for the purpose of carrying out the provisions of sub-section (10).](12)[ * * *] [Sub-section (12) was deleted by Maharashtra Act No. 16 of 2013 dated 13-8-2013, Section 16(f), (w.e.f. 14-2-2013).]
