Resignation by office bearers
Prashant Deshpande
(Querist) 20 March 2014
This query is : Resolved
Would like to know about what happens when Chairman, Secretary and Treasure resigns together? In our society Treasure resigned one year back but requested to continue.. Then last month Secretary resigned and this month Chairman. office bearers are opting for Re-Election and confirming that they would not nominate themselves. Re-election can not happen til Oct 2014 due to non appointment of Election commissioner. I feel when office bearer resigns, other two office bearer have rights to accept / Hold/ Reject resignation with reasons and those reasons to be recorded. As they haven't resign simultaneously re-election point should bot hold right.. Can other MC members accept resignation one by one date wise and co-opt for new members? In such what step other MC members need to take . MC members total strength is 9 and if office bearers resigns they still have 6 members left.
Second question can a member become MC member of two difference societies? one where that person stays and second wherein he is having a associate membership from hi father?
Need your expert advice..
R.V.RAO
(Expert) 21 March 2014
what does the bye laws of the society say on this?
if there is no provision about such extraordinary situation in the bye laws,then call for an extra ordinary general meeting of members(this includes not only office bearers(M.C) but also all the members).
ensure quorum is present at the meeting.The senior most resident by age or by exp. can chair the meeting if there is no chairman.
Elect either an entire set of new OFFICE BEARERS OR fill the places or posts of those resigned as per your bye laws or as decided by the majority members at the meeting.
the period of office of the new office bearers is either till end of the tenure of office bearers whose place they have occupied or till next general body meeting or till whatever time the bye laws say.
now at least amend your bye laws to provide for any such emergencies in future,as how to deal .
there is no restriction for any body becoming member or office bearer in two different societies ,unless the bye laws have such stipulation made already.
Guest
(Expert) 22 March 2014
I don't think any byelaw of societies prohibits holding of elections of office bearers in emergency conditions. However, if there is any restriction, the other office bearers should co-opt persons to act as ad-interim chairman, secretary and treasurer. Extraordinary general body meeting may also be called to get approval of the co-opted office bearers till the fresh elections are held.
RAJU O.F.,
(Expert) 25 March 2014
We do not know the nature of the said society. Whether charitable or housing or cultural or whether registered. The byelaws of the society must speak the measures in such situations. If you are controlled by the Registrar of societies, you may seek guidance from him.
