Expelling from the membership in housing society

Guest (Querist) 27 March 2015 This query is : Resolved
We are having 150 members in housing society of ‘A’ and ‘B’ wing duly jointly registered under single name. The building of ‘C’ wing is separately registered and under control of the builder. Few areas in our stilt premises (‘A’ and ‘B’ wing) are illegally occupied by the builder for his ‘C’ wing society by constructing an illegal wall. 15 aggrieved members from ‘A’ and ‘B’ wing initiated legal action against the illegal wall and matter is in court.

To raise fund, society (Managing committee and majority of General Body) and builder are trying to make registered MOU containing, the aforesaid area in our stilt is giving on lease by taking non-refundable amount and the resolution is passed that any member, who will not ready for the above decision, will be expelled from the membership.

Whether this is legal? Or what step we aggrieved members should take? Pl. advice.

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M V Gupta (Expert) 27 March 2015
U may have to challenge the resolution passed in the GB by filing a complaint in the Coop Court. Simultaneously u may lodge complaint with Registrar of Coop Societies.

ajay sethi (Expert) 28 March 2015
you have to challenge resolution passed in GB before cooperative court

Guest (Querist) 28 March 2015
Thank you both.

Kishor Mehta (Expert) 28 March 2015
Sir,

If your society is registered, issue a notice to the builder for a coveyance to the plot of land of the society building.

Start eviction proceedings for the area illegally occupied by the builder.

No member can be expelled for illegal reasons.

Take immediate preventive actions.

Good Luck,
Kishor Mehta