No confidence in cooperative society delhi.

Swaty Gupta (Querist) 25 June 2024 This query is : Resolved
Dear Experts,
I am the President of my cooperative housing society regd under DCS Act.
This is my 2nd Term in continuation. In the last 6 months, My Opposition members ran a vicious campaign against me and alleging multiple illegalities and irregularities, handed a spl GBM notice for bringing no confidence against me.
I challenged the notice in RCS office as all the reasons for no confidence were out of the purview of General body and could only be investigated and decided by Registrar and competent authorities. The RCS office rejected their agenda in toto for the same reasons. The spl GBM meeting was never called.

After a month, the opposition has again given me a Spl GBM notice for bringing No confidence against me without specifying any reasons.

Kindly tell me whether
1) it is important to give reasons for bringing a no confidence against the President.
2) can they bring another no confidence so soon after the first one was rejected by the RCS office.
3) what are my legal options to put a stop to their nuisance as they are going door to door to malign me and are lying viciously against me.

Regards,
Swaty Gupta

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Quick Summary

A cooperative society president in Delhi, facing a second no-confidence motion shortly after the first was rejected by the Registrar, seeks clarity on the rules. Key questions include whether reasons must be provided for the motion, if it can be brought again so soon, and what legal recourse is available against persistent, malicious campaigns by opposition members. The discussion touches upon the DCS Act and rules regarding the timing and frequency of no-confidence motions and suggests consulting a legal advisor for specific actions.

T. Kalaiselvan, Advocate (Expert) 25 June 2024
Motion of no confidence against office bearer -. (1) A motion of no confidence against an office bearer may be moved only after two years of his assumption of office. In case, the motion of no confidence is once defeated, a fresh motion shall not be introduced within one year thereafter. No motion of no confidence shall be moved unless there is a request from not less than one-third of the elected members of the board of a Co-operative Society concerned.
If they still not bothered to adhere to the prevailing laws, it can be challenged in court of law.

Swaty Gupta (Querist) 26 June 2024
Dear sir,
Thank you for your reply. It is not part of DCS Act and rules. I'd appreciate if you may kindly confirm or share some literature to affirm that it is already applicable in Delhi cooperative societies. Thank you

T. Kalaiselvan, Advocate (Expert) 26 June 2024
You may follow the suggestions made or nothing prevents you from approaching a legal advisor in the local for knowing more about the actions to be taken on this.

Sudhir Kumar, Advocate (Expert) 27 June 2024
You have not at all mentioned:-

1. what is term of the executive?
2. how long last elections were held?

are you sure no confidence motion against you will succeed in special GBM?

Swaty Gupta (Querist) 27 June 2024
Thank you Kalaiselvan ji for your reply.

Dear Sudhir ji,
According yo DCS rules 2007 the term of executive is 3 years. I was elected 6 months back in December 2023.
Right now, the opponents have spread lot of misinformation and fake things about me and sue to that the general sentiment seems mostly hostile.

T. Kalaiselvan, Advocate (Expert) 27 June 2024
You can ignore the false and fake news spread against you.
If the situation is intolerable then you can plan to initiate legal action against the rumour mongers

P. Venu (Expert) 23 July 2024
What is the problem in facing the No-Confidence Motion and establishing your credibility. Members of this platform is not expected to be judges of the allegations, falsely or otherwise.

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