How to remove President of the employees welfareAssociation
Vinod Kumar
(Querist) 06 September 2016
This query is : Resolved
Good Evening Sir,
The employees of Canara Bank had formed an Association for the welfare of the employees and got registered in 1990 under Karnatka State Society Act. The last election was conducted in 2011 and President of the Associaion has retired in 2013. The tenure of the election is three years as per by laws of the Association. As per by laws of the Association, next election should have conducted in 2014. As per by laws retired employee can not be a member of the Association, inspite of this existing President (retired) is neither conducting election nor leaving post of President after retirement from the job. Please tell me the way to remove him and whether he is entitle to hold the post of president.
Ms.Usha Kapoor
(Expert) 07 September 2016
You complain to area welfare officer and Chief Welfare Officers regarding the illegal activities of Retired President and his buddies and conducting Fresh Elections to the Managing Committee. The Chief Welfare Officer's decision regarding Elections to Managing Committee is final and conclusive and binding on all the members.If still you've any grievance against the decision of Chief welfare officer you can complain to the Joint Secretary in charge of the staff Welfare in the Ministry of Personnel, Public Grievances and Pensions for setting aside or revision or to modify the decision/decisions of the Chief Welfare Officer.
I've extracted the relevant provisions of the Karnataka State Societies Act for your reference.
(d) Every member present and voting shall have one vote.
(e) Voting shall be by SECRET BALLOT.
(f) Elections shall be conducted by the Returning Officer who will be appointed in accordance with para IV(i). The Area Welfare Officer concerned would also act as ‘OBSERVER’ at that time. The Returning Officer would be given copies of voters’ list ( clearly indicating the voter number) on his appointment along with necessary material i.e., stationery/blank nomination forms/requisite Funds etc. for carrying out activities connected with the conducting of the elections. The Returning Officer would be given full assistance and co-operation by the Managing Committee/Members for smooth conduct of the elections. Nomination forms, duly proposed, seconded and accepted by the contestant member for a particular office, shall be received by the Returning Officer by a certain date and time fixed by the Managing Committee which should be at least 7 clear days before the date fixed for the meeting of the General Body/holding of the elections, as per the programme at Annexure-II. No person can hold more than one office at a time of two blocks and, therefore, will be eligible to contest only for one office.
(g) An elector shall be entitled to propose or second only one nomination paper. In case he/she has proposed one nomination paper and also seconded another nomination paper, in that case both the nominations would be invalid.
(h) No elector shall propose or second a nomination paper for an office for which he himself is a candidate. If an elector has already proposed or seconded a nomination paper for an office, his own subsequent nomination for such an office will be inoperative.
(i) All the members of the Association, who are eligible to vote in the elections to elect the office-bearers/Members of the Managing/Executive Committee, will be informed through wide publicity of the programme of election, as noted at (f) above, well in time in writing. While intimating them, they should be advised to bring their Identity Cards and allotment letters/electricity bills in their name and any other valid documents with them to substantiate the validity of their membership at the time the elections are held.
(j) In case of any dispute arising in the matter of Election process or Election Results, the Area Welfare Officer being an observer will submit a report to the Chief Welfare Officer in the Department of Personnel & Training for a decision, whose decision shall be binding upon the Association. Provided that after the declaration of the Election Results of an Association, if the Chief Welfare Officer is satisfied on the basis of the report of Area Welfare Officer/evidence brought to his notice that the elections have not been held in a fair manner or that mal-practices were resorted to by an individual(s), he may cancel the election and appoint an adhoc Committee of members and an independent Returning Officer in consultation with the Area Welfare Officer for holding fresh election. The adhoc body will discharge the functions of the Managing Committee till fresh elections are held.
(k) Persons aggrieved with the decision of the Chief Welfare Officer may appeal to the Joint Secretary in charge of the staff Welfare in the Ministry of Personnel, Public Grievances and Pensions for setting aside or revision or to modify the decision/decisions of the Chief Welfare Officer. The decision of such Joint Secretary shall bind all concerned finally and conclusively.
P. Venu
(Expert) 07 September 2016
You can seek convening of the General Body to resolve the issue.
Kumar Doab
(Expert) 07 September 2016
Call general body meeting.
Rajendra K Goyal
(Expert) 07 September 2016
Ask in writing to the secretary to call general body meeting, fix election program and appoint election team.
Can approach legal process / court to appoint officer for election and restrict the previous president to act further as such.
Raj Kumar Makkad
(Expert) 08 September 2016
Go through your bye-laws which clearly mention the procedure.
Dr J C Vashista
(Expert) 10 September 2016
I agree with expert advise of Sh. Raj Kumar Makkad, the memorandum and articles of association shall guide you properly.
Seek the services of a local lawyer for better options, guidance and proceeding.
Vinod Kumar
(Querist) 10 September 2016
Sir, as per by laws of the Association, President can be removed in General Body Meeting but he is not interested to call General Body Meeting. Now what is the legal way to remove him...
Guest
(Expert) 10 September 2016
Go through the consitution of the association, as there is always a provision how to call for AGM or special AGM, if the MC fails to do that. Call for the same and accordingly pass resolution for the impeachment of the president of the association.
Kumar Doab
(Expert) 11 September 2016
Hope you are satisfied.
Raj Kumar Makkad
(Expert) 23 September 2016
Generally 10% of total members may demand the President to convene the meeting. Even if do not call make complaint to the cooperative court.
Rajendra K Goyal
(Expert) 27 September 2016
yes generally 10% of members or fixed otherwise in the bye laws is required to approach to call the meeting.
Dr J C Vashista
(Expert) 28 September 2016
In order to solve your problem and sail you through the difficult times, proceed after engaging a local lawyer, as advised.
