Society registration
vasudevan v
(Querist) 05 November 2017
This query is : Open
Sir,
I am a member of the housing society regd under Tamilnadu societies Act 1975
I have a query.
Byelaws approved on 23-12-2016
Returning officers appointed on 23-12-2016 to conduct elections on 29-01-17
Elections held, voting by members done, results announced, EC appointed and two EC meetings conducted in Feb and Mar 17 and 4 EC meetings conducted after 03-04-17
In Feb 17, First EC meeting authorised president & secretary to register Assn
Secretary filed papers for regn on 12-05-2017
Regn certificate issued on 14-06-2017
Later it was found out by one member, that the formation date was given as 03-04-2017
Form VI -member register shows all members joined on 03-04-2017
All EC meetings, authorisation given by EC in Feb 17 are invalid in the eye of Law because formation date
is declared as 03-04-17. Assn cannot exist prior to formation
All members including EC members as per records submitted joined only on 03-04-2017 and therefore prior to 03-04-2017 they are all rank outsiders and non members.
Election conducted in Jan 17 is nullified by wrongfully declaring the date of formation as 03-04-17
Therefore EC is invalid
Secretary cannot file papers as no valid authorisation given
Regn is invalid
Bank Account is opened on 14-03-17
Pls clarify my doubt whether EC is valid, regn is valid
All members paid member fee of Rs 10/- in Jan 17 and exercised their vote in Jan 17 election
Subscription of Rs 100 collected only from 03-04-17
Entire EC resigned Ad-hoc committee formed to conduct fresh elections.
In the circumstances whether regn is valid
if not can we correct the records as mistake
or can we go for fresh regn
Thanks in advance
