Is co option allowed as per the new bylaws
Aparna Karnad
(Querist) 02 October 2016
This query is : Resolved
We are a society of 256 members . We have 14 MC members duly elected by the election procedure.
Two of our members resigned as they had to move out of the country. Still we had a quorum and the secretary was against co opting .
A month back i tendered my resignation via email as I wasn't able to handle the politics and evil games been played . But since AGM was due the Treasurer requested me to continue as a MC members and think about resignation after the AGM .
I came to know from my fellow colleague that my resignation wasn't tabled at All since it was an email and not handwritten hard copy.
After the AGM there was a informal meeting called and it was decided that my resignation be deemed accepted . To my utter shock this was after the chairman spoke to me about staying put.Also my name was put up on the notice board inviting other members to join by co option.
As per the Chairman he has general body mandate to co opt . But before putting it in front of the GB the chairman didn't bother to speak to the other office bearers. So they don't have a clue about it.
It is not recorded anywhere that my resignation has been tabled or approved for acceptance.
After this incidence the Treasurer , the secretary and two more of my fellow MC' s tendered their resignation.
Is it legal to co opt? Is the chairman right on his part to consider GB mandate over bylaws?please help
Ms.Usha Kapoor
(Expert) 02 October 2016
BYE LAWS ARE SUPERIOR TO GB MEETING or RESOLUTION .a. The general body meeting has a final authority to give directions to the managing committee within the framework of the M. C. S. Act 1960, the M.C.S. Rules 1961 and the Bye Laws themselves (Bye Law No 111). These three are superior to any resolution of the general body meeting, in that order and thus the M. C. S. Act is final.
P. Venu
(Expert) 02 October 2016
The query reveals that you are pursuing a wavering stand; hence it is impossible to offer any definite suggestion.
Kuummaar AS
(Expert) 02 October 2016
Your query about resignation and co-option is confusing. Your statement
"To my utter shock this was after the chairman spoke to me about staying put.Also my name was put up on the notice board inviting other members to join by co option."
is not understood.
1.Where is the society registered and under which Act?
2. What is the relation between resignation and co-option in this query? Please elaborate.
2. You have said " As per the Chairman he has general body mandate to co opt."
As an MC Member, why do you not know about this fact and have used the words "As per the Chairman..."
3. What are the exact provisions with regard to acceptance of resignation of an MC Member?
4. What are the exact provisions with regard to Co-option by the Chairman?
Aparna Karnad
(Querist) 02 October 2016
Expert Kumar AS. The chairman spoke to me in an informal meeting held at the society office in front of other members , asking me if I would like to continue as a MC member and I agreed to continue. After this meeting was held the notice was put up on society notice board that few MC members have resigned . I think ethically speaking the chairman should have atleast informed these members before displaying their names. Also his reasoning was that he has taken GB mandate for co option. Our society is 14years old and is registered society. I have used the words as per the Chairman because the issue was taken up in the AGM in other matters , it wasn't discussed with the other MC , even the office bearers weren't aware of this agenda. I am not able to answer your question no 3 and 4. There fore my question is ,if co option of members is possible if there is no quorum, or the committee is dissolved and re election be conducted .
Rajendra K Goyal
(Expert) 02 October 2016
refer bye-laws of the society regarding co-option clause.
If any violation noted lodge complaint with the Registrar.
Kuummaar AS
(Expert) 02 October 2016
My Question 1, 3 and 4 are not replied. Your queries can be properly replied only when relevant provisions in the Rules and Regulations regarding resignation, co-option, Powers of the MC and the Chairman are known.
Raj Kumar Makkad
(Expert) 02 October 2016
Provide the replies of question no. 1, 3 & 4 as desired by expert AS and get the satisfactory reply accordingly.
Ms.Usha Kapoor
(Expert) 03 October 2016
Refer Bye laws. They are internal rules binding on all members of the society.
Rajendra K Goyal
(Expert) 08 November 2016
Even after such a long time author has not replied the questions no. 1, 3 & 4 from expert Kumar AS.
