Bye-laws no. 19b and no. 118(v) of registered bye-laws of a housing society
Prakash S. B.
(Querist) 24 September 2013
This query is : Resolved
I understand that an associate member is entitled to be elected to the Managing Committee and represent the Society if his membership is approved under Bye-law No. 19B (Form 7) and if he has also given No Objection Certificate and Undertaking from the Original Member under Bye-law No. 118(v) [Form 10A]. In such circumstances, whether it goes without saying that such associate member has automatically derived the authority to represent the Original Member and to file a complaint against the Society on behalf of the Original Member before the appropriate forum in case of irregularities committed by the Managing Committee?
Devajyoti Barman
(Expert) 15 October 2013
First check whether the Bye laws of the society allows entry of associate members.
Prakash S. B.
(Querist) 16 October 2013
This is in response to Shri Devajyoti Barman's advice that I should first check whether the Bye-laws allow entry of associate members.
The registered Bye-laws of the Society have been checked. The bye-laws allow entry of associate members.
ajay sethi
(Expert) 16 October 2013
authorisation is for standing for election to MC , to attend AGM , to vote in AGM . for complaints against society better let the original member lodge complaints .
Devajyoti Barman
(Expert) 16 October 2013
If it is allowed then associate members can discharge all the functions of a regular member.
Prakash S. B.
(Querist) 16 October 2013
Sir, is there any case law to the effect that an associate member can discharge all the functions of the regular member if has been permitted to become an associate member under the bye-laws of the Society?
Devajyoti Barman
(Expert) 16 October 2013
Is any case pending?
If not then why are looking for a case law.
No case law is supplied here.
ajay sethi
(Expert) 16 October 2013
for judgments search indian kanoon website . we dont provide citations
Prakash S. B.
(Querist) 16 October 2013
Sorry Sir. I have been misunderstood. I was not expecting Lawyersclubindia / experts to provide citations or case laws. I am aware of it. I just wanted information on whether there is any judgment to that effect as the Society has contended in a pending complaint filed by an associate member before the Deputy Registrar that the complaint is not maintainable as the Complainant is an associate member.
