Issue related to co-op housing society. resolution contrary to mcs act section 72
Suhail SHahbazker
(Querist) 09 December 2013
This query is : Resolved
I agree with you, as far as matter of co-Op Housing Society not related to (REDEVELOPMENT) the Society cannot pass any resolution arbitrarily. Hon'ble Hiigh Court Judgment is also passed in this regard. Sec 72 of MCS Act clearly says that the Resolution cannot overrule the bylaws, Acts and Rule
One query is Can Society pass a resolution in General Body on the following in the presence of Authorized Officer conducted the AGM due to failure of the MC to conduct the AGM before 30th September 2013.
1. The Auditor has given in Audit Report the misappropriation of funds/ irregularities/Recoveries
2. When asked the query about the above matter in Audit Report, the Secretary said the matter is subjudice in the Court (one member has filed in the Court) so when the matter is pending in the Court , Can the General Body pas a resolution on the matter on which the Secretary refused to answer on Auditors report
3. The Chairperson/Treasurer and another MC member have not signed three consecutive MC Meeting and ceases to be member, and and have signed/approved the Accounts/ balance sheet and the AUditor has submitted the Audited Account (not knowing yhr facts of not attending the meeting)
4. The Secretary resigned in the month of June 2013 and the MC minutes says that resignation is kept in pending and the Secretart herself sign the said Minute. The resignation cann be kept in pending for six months and during six months six meetings were taken up.
5. The Secretary rented her flat s and staying outside Society premises and signed the Agenda and Secretary Report.
6. Non Members raised their hands for Voting in passing Resolution ..
Please advise
Thyagarajan
(Expert) 09 December 2013
Summing up your queries make a report to registrar of societies, if the housing society is registered under registrar of society act.
He will depute persons to go in to details of mall -functioning of the society.
Santosh Sharda
(Expert) 10 December 2013
Sorry, you have lost all protection. will be wasting time by pursuing the matter.
