Co-op housing society
sunny
(Querist) 26 September 2014
This query is : Resolved
In our 24 Members Co-op Housing Society there exist Administrative Board.
By Asst Registrar on 21-06-2014 the President of Administrative Board has been dismissed U/S 78(1) of MCS Act 1960 & in place of that appointed class-1 officer of its department as new president of Administrative Board.
Then the dismissed President called G.B meeting on 07-08-2014 & passed the resolution as below :
"Unanimously Resolved that the Order is condemned as the same is detrimental to the interest of the society. The society is for the members and not forthe co-operation dept. it must be run by the members. The General Body expresses full confidence and satisfaction in the present set up of Admn Board and direct the dismissed president not to hand over the charge and take up the matter with higher authorities to protect the interest of members of the society and their legitimate funds. The G.B further unanimously authorizes dismissed president to go in appeal or approach any legal forum/Govt and represent the society at all places and take necessary decisions whenever and where ever required."
Sd/-
President
Out of 24 Members 5 Members have not changed the name in the society , so the balnce members comes to 19.
Out of 19 members , 11 have signed the resolution.
My question's are :
1) Being an dismissed president does he have rights as per provisions to call G.B meeting and pass the resolution?
2) The Members signed copy of Resolution is not been attached in the appeal filled u/s 152 by the dismissed president, is
this action of president correct or not.
3) 8 Members have given complaint letter to Asst Registrar that the notice of the G.B meeting was neither served to them
nor they have received it, also they claim that no notice was displayed on the notice board which is fact. and due to
which they couldn't attend the meeting.
I hereby request your honour to reply to my questions , which are in the interest of our society. Thanks for your co-operation.
Regards
Mr Vaswani - 9146428627
ajay sethi
(Expert) 26 September 2014
no once president has been dismissed and new president appointed ex president cannot call for general body meeting . the action of president is illegal and resolution passed in general body meeting can be challenged by any member of the society
Rajendra K Goyal
(Expert) 26 September 2014
The president has been suspended, he has no power to call General body meeting, resolution has no value.
