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Housing Society M20 Bond

(Querist) 22 October 2016 This query is : Resolved 
There is 35 flat in our housing Society. The current committee is elected in Apr 2012. The 5 members are elected in 2012 and other 6 member is elected in 2013-14 as per new bye laws. There are 11 members in managing committee. Under rti i found the no one committee members submitted M20 Bond. My question is 1) Entire managing committee will be disqualified? 2) Or only 5 members who are elected in 2012 only disqualified?
Rajendra K Goyal (Expert) 22 October 2016
If Bond not submitted on 46thn day, the member’s election will stand annulled, and his authority will be lost. He loses all power to sign any document on behalf of the society, including cheques, statement of accounts, circulars, agenda and minutes of meetings, letters and representations to Registrar of Cooperative Societies, court cases, etc. (copied)


Please refer following Judgement of bombay High Court.
(i) Gulab Khote Vs. State of Maharashtra: http://tinyurl.com/BBayHC-M-20-not-UltraVires

(ii) Shashikant Jesrani Vs. Assistant Registrar: http://tinyurl.com/BombayHC2009-M20-Bond

Visit:

http://blogs.rediff.com/thebravepedestrian/2011/11/02/what-happens-if-you-dont-file-m-20-indemnity-bond-in-time/
sandeep (Querist) 22 October 2016
Thank you sir but what about the question no 2 for other 6 members who are elected in 2013-14 that time M20 bond is not required. So they are also disqualified?
Ms.Usha Kapoor (Expert) 23 October 2016
Agree with Mr.RK.Goyal.
Rajendra K Goyal (Expert) 23 October 2016
Please visit the referred link.
R.K Nanda (Expert) 23 October 2016
Nothing to add more.
Kumar Doab (Expert) 23 October 2016
Visit the link and discuss with your own counsel.



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