Elected committee refusing to take charge.
Querist :
Anonymous
(Querist) 31 August 2011
This query is : Resolved
Sirs,
Ours is a co-operativeHousing society having 41 members situate in Mumbai Maharashtra. At the AGM held on 14.08.2011, a new committe was elected by the members. However, the newly elected committee refuses to take charge from the outgoing committe, on the ground that none have time to function as Secretary. No other member is forthcoming to be on the committee.
Please guide us as to the options available to the outgoing committee.
Thanks
M/s. Y-not legal services
(Expert) 31 August 2011
I think, till the charge taken by the new members, the erstwhile members can active as usual..
Advocate. Arunagiri
(Expert) 31 August 2011
If the secretary is not appointed or resigned, Joint Secretary will act in the absence of the Secretary in consultation with the president, do duties of the secretary temporarily with the permission of the Executive Committee.
M/s. Y-not legal services
(Expert) 31 August 2011
Good evening arunagiri sir. I think the author stating that the all members of the new committee refusing to take charges..
Guest
(Expert) 31 August 2011
If elected representatives refuse to take charge or to function as such, they have no right to remain as office bearers, as the posts of office bearers are not merely ornamental to keep as a status symbol by them without doing any work of the society.
They must resign, or if they refuse to resign, special general body meeting may be called by the previous committee and be placed for consideration before the GB and also a resolution be placed before them to impeach them with majority vote and the result be communicated to the Registrar of the Societies.
After that date of fresh election may also be fixed to elect a new body.
Advocate. Arunagiri
(Expert) 31 August 2011
Good Evening Mr.Tom,
I have presumed that elected committee is having the problem in the post of secretary alone.
If the entire elected committee is not ready to take charge, the existing committee can be incharge till the new committee takes charge.
There is a chance to conduct a new election and select new board members.
Raj Kumar Makkad
(Expert) 31 August 2011
I completely endorse the best advice of PS Dhingra ji.
Querist :
Anonymous
(Querist) 01 September 2011
Sirs,
I thank all experts for sparing their valuable time and imparting guidance.
Situation here is that apart from the members who were elected, no other member is willing and forthcoming to shoulder any repsonsibilities. The members of the outgoing committee also, due to their engagements find it difficult now to devote time or attention. The refusal by the elected committee, on a legally unacceptable ground, has put the society in a very disadvantgeous position.
As such,guidance is requested keeping the above situation in mind, because even SGB/new elections may not be of any help in finding alterante members on the committee. It may also be stated that the outgoing committee is unable to perpetually/untill the charge is taken by another committee function as STANDBY OR CARETAKER COMMITTEE.
Please advise as to the options available.
Thanks once again and regards,
Raj Kumar Makkad
(Expert) 01 September 2011
As none is available to do anything for society then let them suffer. Why only you are sparing time to rise queries and read answers? I think you are not member of that society otherwise as per you, society members have even no time to think about their society. Such citizen even do not require any society. Why should they care. Let them be happy and dont disturb them.
Querist :
Anonymous
(Querist) 02 September 2011
Respected Shri RajKumar Makkadji,
The outburst in your post of 01.09.2011 is against the spirit of an interactive portal like LCI and is unwarranted. It violates the dignity of the subject as well as the querist.
Be that as it may, I assure you that I am very much part of the society and represent the outgoing committee where I have, so far, contributed my mite for the welfare of the society. It is needless to state that in a co-operative culture, easing out of old committee and formulation of new committee is normal and has the backing of the established legal frame work. However, what is unusual in this case is that while all newly elected members are willing to be on the committee, none of them are willing to shoulder the higher responsibility of a Secretary . Therefore, in the absence of determination of a compulsory post, they have refused to take charge.
It is needless to state that one turns to the Experts on the Portal for advice and guidance when situation is baffling and one cannot decide one way or the other. No doubt, respected experts have proffered views, which are practical, but do not indicate any principles involved in the matter.
It is not proper to dismiss the query as you have, as I believe that more serious issues need to be addressed and I had hoped that the experts would throw open a spirited and well-intentioned discussion for the posterity. Shri Makkadji, according to me the issues that need to be seriously addressed can be briefly put as under:
1. First of all, can a duly elected committee refuse to take charge? If so, on what grounds? Can the reason that no one wants to act as Secretary, be legal enough for dodging the charge?
2. If No, what steps the outgoing committee may take to ensure compliance and to safeguard their own interest?
3. Since the elections are already held, the outgoing committee no longer enjoys the mandate of the general body. By NOT TAKING CHARGE, the newly elected committee forces the outgoing committee to function as regular committee, without the mandate of the General Body. Is it advisable, in the eyes of law, for the old committee to continue and if so up to what time period ? Incidentally, the outgoing committee has their own time constraints which makes it difficult for them to continue.
4. Just as the newly elected committee forces the hands of the old committee to function as a regular committee, what are the ways in which the hands of the new committee can be forced to take charge?
I may state that the above list may only be indicative, as per my limited knowledge. As serious discussion progresses, the chances are, that other relevant issues may unfold.
With warm regards,
ajay sethi
(Expert) 02 September 2011
the solution to problem is simple. many societies in bombay have similar issue . the secretary is in charge of day to day management . once you become secretary you are saddled with all the paperwork . a secretary is an honorary job . in such a case your society should appoint a manager . let him come to society office daily for 2 hours or so . when members realise they wont have to do the work any member will agree to become a secretary .
inspite of appointing manager if no one is willing let administrator be appointed for society . once registrar appoints an administrator and no one is willing to come forward fresh elections will be called for after period of 6 months .
Guest
(Expert) 02 September 2011
Dear Anonymous,
In the wake of supplementary information provided by you, it is clear that the information provided in the problem at the first instant was not complete on your part. However, your first question, based on the information provided by you earlier, was tried to be replied appropriately by the experts.
However, it was not appropriate on your part to use such a language, like outburst, for a senior expert when he replied on your supplementary information. You should not forget that he has not charged any fee from you for rendering his advice.
Naturally, when nobody is willing to take the responsibility of the society, it has to run on Ram Bharose. Members should not forget that a society is a body to serve common interest of the members and members have the moraal duty to render some voluntary service in their own interest.
When no one is ready to spare a very small time to handle the affairs of a very small society, in that case, the society would go defunct and the Registrar of Societies would be free to appoint an administrator of his own choice to run the affairs of the society. In that event, members of society are likely to suffer much in the hands of an administrator, as members would have to abide by the arbitrary orders of the adminsitrators and every thing can go out of control of the members of the society for a very long time. AND till the time members are ready to take control of the society in their own hands with a lot of their efforts, the damage would already have been done to a great extent.
So, better it will be if some of the members volunteer themselves to come forward to handle the affairs of the society before it is too late.
