Societies act karnataka
Jasvinder Singh
(Querist) 09 April 2012
This query is : Resolved
Our Gurudwara in Bangalore is registered under the Karnataka Societies Registration act. As per bye laws, 51 members of general body gave a written request for holding special general meeting. accordingly the meeting was held and 119 members out of the total 1808 members attended the meeting. Our bye laws are silent about the quorum required for such a meeting. Though 119 members signed the meeting register, many left the meeting and in the end, only 58 members were physically present and 28 members voted in favour of the resolution.
Please let me know if firstly without the quorum as per the act, is the meeting legal and if so, is the resolution valid or invalid?
ajay sethi
(Expert) 09 April 2012
the notice issued for conveying meeting must have mentioned if there is no quorum meeting wll be adjourned for 30 minutes and reconveyed therafter . was it mentioned?
if it was mentioned meeting valid
Jasvinder Singh
(Querist) 09 April 2012
There was no mention of quorum in the meeting notice.
Jasvinder Singh
(Querist) 09 April 2012
There was no mention of quorum in the meeting notice and nor in the byelaws
Nadeem Qureshi
(Expert) 09 April 2012
Dear Jasvinder Singh
you can easily afford a lawyer fee, contact a lawyer in your local area
Jasvinder Singh
(Querist) 09 April 2012
Dear Nadeem,
Not every one who asks a question in this forum can not afford a good lawyer or is a beggar. I was only bringing up this question so that a number of people can discuss this issue and benefit from the deliberations. If you are out of work and from Bangalore, maybe I can help sustain your family with some help from our Gurudwara.We can offer you and your family free food three times a day and free education to all your children in our school. Should you fall sick with all the largese, we even have a small hospital to treat you.Given your attitude, no one should ask a question on this forum as it hinders the business of lawyers by discussing issues and educating people.
A V Vishal
(Expert) 09 April 2012
Without the requisite quorom the resolutions are invalid.
venkatesh Rao
(Expert) 09 April 2012
Resolution must have requisite quorum.
Jasvinder Singh
(Querist) 09 April 2012
That's exactly what I want to know as the byelaws of the Gurdwara are silent on this issue. If the byelaws are not clear about the quorum, should the act apply or is there some way to determine what the requisite quorum should be?
In such cases should the act be above the byelaws or vice versa?
A V Vishal
(Expert) 09 April 2012
The Act is always above the bye laws, any clause inconsistent with the act is ultra vires, further, in case the bye laws is silent on the issue then the act must be followed in such matters
