Action against secretary & member who is not member of socty

This query is : Resolved 

12 February 2019

In our society secretary & two MC members are not members of society (share certificate in their wife's name)
secretary (non-member) also signs the cheques of society to withdraw amount. for whatever purpose & also signs NOC for sale of flat, etc
chairman is member but supporting them. few members asked them to become members 1st or not to continue as non member.
but they don't listen to members, because of this many members fear of wrong doing in society's work which may hamper others in due course.
also this committee calling builders for redevelopment negotiations, so members afraid of it.

whether whole committee becomes invalid / illegal, if yes
can we write letter to bank to stop withdrawal of money by this illegal committee
what action members (2-3 members only) can take against these non members,
can we complaint to police also ?

Dr J C Vashista (Expert)
12 February 2019

Being joint/second member the Secretary might have been co-opted by MC, recheck.
As per provisions of State Cooperative Societies Act / Rules and Bye-Laws adopted by the Society you should move for "no confidence" motion through a local prudent lawyer.

Sudhir Kumar (Expert)
12 February 2019

what your constitution says.

12 February 2019

Subject to c byelaws, call for Extra Ordinary General meeting and elect new members . Later approach Bank by way of a resolution thorising new member to operate the Bank account. Also regularise the procedure for issuing NOC. dr vedula gopinath advocate/arbitrator

Sudhir Kumar (Expert)
13 February 2019

Advise of Dr Goipinath is correct. But what I feel that the queriest and his group are not in a position to vote him out.

Yeshu (Querist)
20 April 2019

Thanks a lot experts

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