Asked in Procedural
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You are correct in your understanding of Section 154B-24 of the Maharashtra Co-operative Societies Act, 1960 and Rule 57A(3)(iii) of the MCS Rules, 1961. The law ensures that a motion of no confidence against an office bearer in a housing society committee cannot be passed lightly or without proper majority and participation. ✅ Legal Requirements for No-Confidence Motion: 1. Quorum Requirement: At least 2/3rd of the total committee members (rounded up) must be present at the meeting for the motion to be considered valid. For example, in a committee of 11 members: 2/3 of 11 = 7.33 → rounded up to 8 members must be present. 2. Voting Requirement: Out of those present, at least 2/3rd must vote in favor of the no-confidence motion for it to pass. So, if 8 members are present, at least 6 must vote in favor of the motion. This strict threshold prevents misuse and ensures only genuine majority-supported motions are passed. ? Suggestion: Always maintain meeting minutes, attendance records, and voting results in writing and duly signed, as they are essential legal documents in case of any challenge. If you need help drafting such a motion or defending against one, feel free to consult legally. 7705998888,7705938888
Dear Sir, Quorum Requirement: At least 2/3 of total committee members (rounded up) must be present. Voting Requirement: At least 2/3 of the members present (and entitled to vote) must vote in favor of the motion. This ensures that a no-confidence motion cannot be passed with low attendance or minority support. Let me know if you need help drafting or responding to such a motion legally.
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