Managing committee of housing co-operative society
Dinesh Kelkar
(Querist) 18 August 2012
This query is : Resolved
What should be done if the Managing Committee of Housing Co-Operative Society walks out of between AGM without concluding the meeting(without finishing)
Hemant Agarwal
(Expert) 19 August 2012
1. In such case, the General Body members, with majority consent, may appoint a member as a Chair-Person of the AGM meeting and continue with the rest of the meeting agenda.
2. The new Chair-Person should record in the minutes, the preceeding events properly and also with the consent of the majority, dismiss the MC, with a vote of No-Confidence, by majority vote.
Keep Smiling .... Hemant Agarwal
V R SHROFF
(Expert) 19 August 2012
It is only a Mg Com meeting, and if walked out for any urgent reason, Meeting can be held within few days of the incident.
MCM held every month.
QUERY DID NOT MENTION ANYTHING ABT CHAIRMAN!!
Hemant Agarwal
(Expert) 19 August 2012
Kind Attention: "V R SHROFF"
Please re-read the queriest's question:
1. The question pertains to AGM meeting and NOT to MC meeting.
2. AGM meeting can be held only ONCE a year AND MC meeting held every month.
3. Chairman is part of the MC and the querist says that MC walked out of the AGM meeting and NOT from MC meeting.
4. The AGM meeting can be adjourned only by the Chair-Person of the meeting and nobody else. Here the Chair-person and the MC walked out from a General Body meeting (AGM). The bye laws (110) says "General Body supreme authority during AGM meetings". Hence the AGM meeting cannot be left mid-way and in the event if the MC abandons the AGM meeting, it is a violation u/s 75 of the MCS Act.
Keep Smiling .... Hemant Agarwal
Guest
(Expert) 19 August 2012
AGM should not feel handicapped by the unethical acts of some mischievous MC members.
AGM should co-opt a chairperson, conduct the proceedings of the AGM, as per the agenda, conduct fresh elections of the MC, including the chairperson for smooth sailing of the society, take a disciplinary action against the erring members of the previous MC for their indiscipline by majority vote.
V R SHROFF
(Expert) 19 August 2012
Hemant,
I Agree . I noted title Managing Committee
However, once MC walks out, other members cannot select secretary, trasurer, etc out of them.
Such incident is one in one million:
WHETHER IT IS IMAGINARY QUERY???????
If Real, Let Dinesh Kelkar name the Society with AGM Date & Address.
JANAK RAJ VATSA
(Expert) 19 August 2012
if the MC walks out of the AGM meeting, then the AGM should appoint a member by a majority vote as a chairperson to conduct the AGM proceedings as well as the elections. the elcted members may elect the office bearers. all the minutes should be sent to the RCS for information.
K.K.Ganguly
(Expert) 19 August 2012
I have the following to say. I humbly put it for debate. Please correct me sirs, where I am wrong.
Who called/convened the AGM? It is the Managing committee. It is whose duty to conclude the AGM? It is the Managing Committee. Whom the managing Committee is to submit report of the AGM? It is to the members & also the Registrar of Societies. What report the Managing Committee can submit for the non-concluded AGM? Nothing. So, what will happen? The Registrar of Societies will dissolve the Managing Committee asking for election of a fresh committee.
So, the general members now are to keep their fingers crossed & watch the Managing Committee's next steps. The Committee has to conclude the AGM they had called giving notices to the members under copy to the Registrar.
If the Managing Committee becomes defunct but refuses to resign & does not call special general meeting to solve this problem or calls for fresh election, the Registrar has to be complained about it by majority of the members. When the Managing committee is in existence, the house can neither form another another Managing Committee nor can pick any other person to Chair the AGM afresh which was already Chaired by some body else, without the process of election duly following the procedure laid down for it.
ajay sethi
(Expert) 19 August 2012
all the members should write a letter to Registrar pointing out that AGM was called for during course of meeting MC walked off without concluding the AGM .all the items mentioned in Agenda were not discussed nor resolutions passed . the chairman did not adjourn the meeting nor was meeting concluded with a vote of thanks to the chair .
request registrar to appoint adminstrator for the society
AMAR RANU
(Expert) 19 August 2012
In such an eventuality,passing no confidence motion against the entire MC,as per the procedure laid down,is the only remedy and, thereafter,society elections and constitution of the new Managing Committee is the only final solution to the aforesaid problem.
K.K.Ganguly
(Expert) 19 August 2012
Yes. Administrator can be requested to be appointed by majority of the members in writing to run the Society till fresh election is held to elect the Managing Committee anew.
Hemant Agarwal
(Expert) 20 August 2012
FOR "LOGICAL" INTROSPECTION:
1. Where the Authorised Share Capital of a Society is less than 10,000/-, the posts of Mg.Committee can be selected from the members themselves after nominating themselves in any General Body meeting, by majority decision / directions. Here there is no need to conduct procedural elections. (refer MCS Rules 60(5)).
REFER TO BYE-LAWS (2009)
2. A Chairman (Mg.Committee) leaving the AGM meeting, without permission of the General Body, is relinquishing his presiding Chair-Person'ship. Refer to bye-law no. 104.
quote : "The chairman of the Society shall preside over all general body meetings of the Soceity, provided that if the Chairman is absent or if present and IS UNWILLING TO PRESIDE, THE MEMBERS PRESENT MAY ELECT A PERSON FROM AMONGST THEMSELVES TO PRESIDE OVER IT"
unquote:
Now there is no need to "So, the general members now are to keep their fingers crossed & watch the Managing Committee's next steps", as quoted by Learned K.K.Ganguly
3. Refer to Bye-Law no. 108: "All issues to be decided by the General Body members present in the AGM meeting"
Here, in a AGM, the MC can only conduct a meeting, BUT has no powers to impose its decisions and is bound by the directions of the GB.
4. Refer to Bye-Law no. 111 & 113: "Mg.Committee bound by the direction / decision of the General Body meeting". IF majority of the members direct the MC to step-down the posts of the MC, THEN the MC is bound to follow the directions of the GB. There is no question of continuing as MC after that.
CONCLUSION :
a) The General Body can appoint anyone amongst themselves to preside over the AGM and continue with the AGM meeting.
b) The General Body can throw the MC and elect the new MC (including Chairman, Secretary, Treasurer) in a AGM meeting, with majority vote and decision and directions. Subject to various parameters.
c) The MC is by default "disqualified" from remaining on the MC posts, by virtue of section 75(5), IF THE MC ABANDONS THE AGM MEETING.
d) Here "abandon the AGM meeting" is equivalent to failure to call / conduct the AGM meeting, as mandatorily required u/s 75 of the MCS Act.
Keep Smiling .... Hemant Agarwal
JANAK RAJ VATSA
(Expert) 20 August 2012
endorse the views of ld hemant above. no need to take on the elaborate exercise as proposed by a few members. when the mc has abandoned the agm meeting at their own, the remaining members of the agm should take on & continue the proceedings.
