Q. 1. Our Society has 120 Members. What will be the quorum requirement for the meetings of the Management Committee of our Society? Whether the decisions taken by the Managing Committee without the quorum are valid? Is the quorum requirement same for the Annual General Meeting and the Special General Meeting conducted for Redevelopment?
Nimish P More. Andheri
Ans. The required strength of the Managing Committee is for your Society is 13 Members including 5 reserved category of 2 Women, 1 SC/ST, 1 OBC and 1 VT/NT/SBC. The quorum should be 7 if you have 13 Members elected to the Committee. However, in case Members of the reserved categories are not available or elected to fill the reserved seats, such reserved seats will not be counted for strength of the Managing Committee for composition of quorum for conducting its meeting. Quorum for the meeting will be simple majority of the existing Committee Members. The quorum should be present not only at the beginning of the Meeting but also throughout the Meeting while discussing each agenda item. Bye Law 126 provides that it shall not be competent for the Committee to transact any business unless there is the quorum at the time of consideration of every item on the agenda of the meeting of the Committee. As such if a Member leaves the meeting half way for whatsoever reason and the number of Members present falls below the simple majority of the existing strength of the Committee, the quorum fails after such Member leaves the Meeting in between. Any agenda item discussed thereafter whether routing or important will not be considered as valid for lack of quorum at the time of discussing that item on the agenda. Hence the decisions taken after such Member left the Meeting will not be considered as valid and will not have any force.
As per Bye Law 100 the quorum requirement for the Annual General Meeting is 2/3rd of the total number of Members of the Society or 20, whichever is less. In your case the quorum will be 20 (2/3 of 120 which is 80 or 20 whichever is less). In case the quorum is not present at the time mentioned in the notice circulated to the Member, the General Meetings can be adjourned to a later hour on the same day and at the same place, as may be mentioned in the Notice, calling the General Meeting or to a subsequent date, not earlier than 7 days and not later than 30 days and at such adjourned meeting, the business on the agenda of the original meeting shall be transacted, whether there is requisite quorum or not. Generally there is a provision in the notice of the Annual General Meeting and the Extra-ordinary General Meetings stating that “the general body meeting will be held at the same place after 30 minutes of the scheduled time, if the quorum is not present at the time of the meeting and that the requirement of quorum will not be applicable to such adjourned meeting.” Interestingly in case of a Requisitioned General Meeting, the meeting shall be dissolved if the quorum is not present within 30 minutes after the scheduled time of such Requisitioned Meeting. There is no provision for the adjournment of the Requisitioned Meeting after 30 minutes of the time notified to the members for want of quorum. (Bye Laws 100, 101).
The requirement of quorum for the Special General Meeting for the redevelopment of Society is 2/3rd of the total Members of the Society. In your case at least 80 Members are required to attend the Special General Meeting at the scheduled time mentioned in the Notice of such Meeting duly circulated to the Members. The decision to go for redevelopment of the Society will require a sanction of not less than 51% of the total number of Members from the majority Members (minimum 2/3rd) present in the Meeting. For your Society the math works out to be 2/3rd of the total number of Members is 80 while 51% of the total number of Members comes to 62. If minimum required 80 Members are present in the Special General Meeting at least 62 Members (51% of the total Members) should vote in favour of redevelopment of the Society. (Since the term used is “not less than 51%” and 51% amounts to 61.2, 62 may be considered as the quorum for your Society after the rounding off). However, if the required quorum is not fulfilled, the said meeting is adjourned and by giving 7 day notice, the said meeting can be arranged within next one month. However, if the quorum is not fulfilled in such adjourned meeting, then the Meeting shall be cancelled assuming that the Members are not interested in the redevelopment of the Society. The said subject cannot be brought before the Special General Meeting for a period up to next three months. You may refer to the Government Resolution dated 4th July, 2019 to know more about the redevelopment process.
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