Society of 168 members
Ajay Kochar
(Querist) 13 June 2016
This query is : Resolved
Respected Sirs,
As I am living in Co-op Hsg Society of 168 members in dombivli. Its register in 2013. all Managing committee members resigned from our posts and due to the same registrar appointed administrator in our society. Recently some of members (not having any designation or power) from our society called a meeting with the name SGM, after resignation of managing committee and decided to do a work which cost nearly 6 to 7 lac, to provide borewell water at members door step. As Administrator appointed by registrar (due to resignation of managing committee) during this period,administrator confirmed that he is not taken a charge and attended the said meeting which held by few members (who conduct the meeting) only because few members insist him to attend the same. On 4.6.16 administrator informed members through his notice stocked on notice board of the society regarding his appointment, his working hours, etc but with the preivous date i.e.12.05.2016 and on the same date i.e.04.06.2016 he declare SGM with agenda to regularise previous meeting which held by few members.
My question is
1) IS its possible in the law to regularise the said meeting conducted by few members?
2) What action we should take againt administrator for sticking notice with prior date?
3) Can administrator sign any agreement or any document before he take a charge? ( As administrator also confirmed that he signed one of the agreement with vendor along with few members who called previos SGM)?
Request you all to revert on same.
P. Venu
(Expert) 14 June 2016
What is the real issue? The Society's day-to-day affairs cannot be carried out in a vacuum.
Dr J C Vashista
(Expert) 15 June 2016
Q 1. The meeting is illegal and void, which cannot be recorded/legalised.
Q2. Just convince him for legitimate and urgent requirement of members/residents. You cannot dictate the administrator, if he declines, however, 1/3rd or more members may approach Registrar Cooperative Societies to direct the Administrator.
Q3. No, the administrator do not have any authority and can not function retrospectively. If he has signed any such document, challenge it before RCS/High Court, it shall be set aside.
Ajay Kochar
(Querist) 15 June 2016
Thank you very much sir for your valuable reply.
