Resolution in sgm

H.S.ACHARYA (Querist) 18 June 2017 This query is : Resolved
Dear Experts,

I am working as Managing Committee member in a co op hsg society in Mumbai and in SGM a resolution was passed which was not proposed by member. In a Special General Body meeting of co operative housing society in mumbai whether office bearers of the society are permitted to propose/second the resolution and pass it in SGM when such resolution not proposed or seconded by member even if the matter was discussed in the SGM. Can anybody advise me on this matter?

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Dr J C Vashista (Expert) 19 June 2017
Special general body meeting is convened for some "single" point agenda which cannot consider/adopt any other issue, if already resolved, it is invalid.

H.S.ACHARYA (Querist) 19 June 2017
Thank you Dr. Vashista. Will advise our MC to restrict to single resolution. single point agenda resolved also proposed and seconded by Office bearers in the SGM and hope office bearers are permitted to propose and second a resolution.

Rajendra K Goyal (Expert) 19 June 2017
Probably Managing Committee members are also members of society.

Whether by laws / rules restrict these members to propose/second the resolution and pass it in SGM.

Dr J C Vashista (Expert) 19 June 2017
Dear Mr. Rajendra K Goyal,
Members of Managing Committee of a cooperative housing society has to be from amongst the members of the Society, therefore, question of "probability" do not arise.

The Bye-laws itself declare the connotation "Special" General Body Meeting is to be convened for specific agenda, (e.g., elections for Managing Committee) for which rules are different to that of Annual/ General Body Meeting of the members of Society.
Regards.

@ Mr. H S Acharya,
It do not make a difference between the member of Managing Committee and other (ordinary) member present in the SGBM qua proposing and seconding the agenda/ resolution i.e., any one can propose and any one amongst present can second agenda to adopt/approve/reject it.
There is no such rule to restrict MC member to propose and/or second the agenda.