Can third party who is not member of society can represent society in hearing at deputy registrar
Mr.Bhatt Thane
(Querist) 22 October 2016
This query is : Resolved
I have a small query.
I have taken my society members who have done manupilation of records in redevelopment of our society with help of PMC and Legal Advisor.I have been asking for 89A scrutiny which was pending since long and letters send to committee , PMC and Legal Advisor are not answered.
Recently we had a hearing committe came for hearing with PMC and PMC gave the letter who is representing them and i raised objection on his presennce in hearing at deputy registrar office as he is not the member of the society and he dont have right to be present there and he is the one who is involved in all manupilation but still he was allowed to represent.As all the work is done by committee and committe member are answerable for their work then how come third party represent them?
So want a legal feedback can a third party who is not the member of the society can represent committee on their behalf in hearing at deputy registrar co-op hsg society.
If yes can i get the copy of circular as per MCS Act.
(Its urgent)
Devajyoti Barman
(Expert) 22 October 2016
Well. a duly constituted attorney/POA holder can represent a member in a meeting even if he is a stranger.
However mostly such persons are close family members.
However representation though power of attorney must conform to the bye laws of the concerned society.
Mr.Bhatt Thane
(Querist) 22 October 2016
I have the POA as i am the family but PMC is not the family member he is just appointed vendor as consultant for redevelopment of society so can he represent
Mr.Bhatt Thane
(Querist) 22 October 2016
It is not the meeting it is the Hearing on Complaint at the Deputy Registrar Office So can the non member be present and can he represent the society even though he is not the member but he is the vendor of the society appointed just for consultation and guidance
R.K Nanda
(Expert) 23 October 2016
Nothing to add more .
R.K Nanda
(Expert) 23 October 2016
Nothing to add more .
Rajendra K Goyal
(Expert) 23 October 2016
Agree with the expert Devajyoti Barman.
Mr.Bhatt Thane
(Querist) 24 October 2016
The PMC has given his letter of representation on behalf of the society committee and i had raised the objection on his presence in the hearing and even then the registrar allowed him to sit for hearing.
None of the question asked by me were answered by the committe and he even told in hearing to treasurer why are you answering him who is he infront of registrar where in i had the POA to represent on behalf of the family.
So what action can be initiated against the registrar and against the committee for violating the law.
Rajendra K Goyal
(Expert) 24 October 2016
Discuss with local lawyer and if proceedings found unlawful, go for appeal.
Mr.Bhatt Thane
(Querist) 24 October 2016
Checked with local lawyer who cheated us and also have put for appeal to DDR and also to Ministry but no action iniciated till date
Hemant Agarwal
(Expert) 31 October 2016
INTROSPECT ON THIS:
1. IF the Society has appointed the PMC as its "Authorized Representative", via a duly passed Mg.Committee Resolution, THEN "DEFINITELY" the PMC can "legally" attend /argue /file statements before the Deputy Registrar, in matters connected with the Society.
2. Legally the MCS Rule no. 106 allows the Mg.Committee of the Society to appoint an agent ("Authorized Representative") to represent its matters. Further the "Authorized Representative" is also allowed u/s 32 of the Advocates Act.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 31 October 2016
May proceed as advised by the expert Hemant Agarwal
Mr.Bhatt Thane
(Querist) 01 November 2016
I have checked with Principal Secretary and they said he cannot attend the hearing and all the question has to be answered by committee as they have taken all the decision.
PMC is just a vendor appointed for a specific job and he cannot interfere into any other business of the society..So how can he represent the society in a legal dispute
Mr.Bhatt Thane
(Querist) 01 November 2016
Mr.Hemant agarwal please refere supreme court judgmentfor a non lawyer representative..http://www.legalblog.in/2011/09/supreme-court-opens-gates-for-non.html#
Hemant Agarwal
(Expert) 01 November 2016
Kind Attention : Shri Bhatt Thane
Kindly prefer to "re-read" my reply, this time more "S-L-O-W-L-Y" and "TRY" to understand it.
Experts here prudently reply on "Take-it-OR-Leave-it" basis, without any further references /arguments. For further arguments, kindly prefer to have a one-to-one discussion with a local lawyer.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 02 November 2016
Agree with the views of expert Hemant Agarwal.
