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Housing society Chairman and Secretary both resigned

(Querist) 17 February 2017 This query is : Resolved 
Dear Sir,

I am the president of a housing society in Virar, Maharashtra. Owing to bad relations between me and my secretary, I resigned. The following day, my secretary also resigned. Committee meeting has been called so as to present out respective resignations. I have the following doubts :

In case both our resignations are accepted, what is the next step?

In case only one can be allowed to resign at a given time, who will it be. And how will it affect the other? Does this introduce any work burden on the other?

Can anyone stop us from resigning?

What is the next procedure?

Thanks to everyone in advance.
Kishor Mehta (Expert) 18 February 2017
Sir,
You have to submit everything related to the society before your resignation can be accepted. No one can keep you from resigning.
You should not be concerned about the acceptance of resignation of the Secretary.
It is for the managing committee to decide for further procedure.
Good luck,
Kishor Mehta
Rajendra K Goyal (Expert) 18 February 2017
Refer the bye laws of the society.

May move as advised by the expert Kishor Mehta.
Ms.Usha Kapoor (Expert) 19 February 2017
Agree with Kishore Mehta.
M V Gupta (Expert) 19 February 2017
As per the recent amendments to MCS Act, the posts of the President, Secretary, and Treasurer are to be directly elected by the General Body at a Sp GM convened for the purpose. Before convening the meeting the Society has to report the resignations to the Election authority i.e., the Dy Registrar of coop Societies of your ward and request him to appoint Election Officer in whose presence the election of the office bearers who have resigned will be conducted. The earlier procedure of the Committee nominating new President and Secretary no longer holds good.As per the bye mlaws the President and the Secretary will continue in the post till the new office bearers are elected and charge is given to them.
Adv. Yogen Kakade (Expert) 20 February 2017
Rightly guided by Mr. gupta


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