Cooperative society matter
udai s parmar
(Querist) 19 January 2013
This query is : Resolved
FACTS
1. The CHS has 168 members.
2. The AGM of the society for the year FY 11-12 was held on 26-7-2012, this was the 1st AGM of new MC, the normal and other business as per agenda was conducted in the AGM .
3. After 2-3 months from the conclusion of this AGM, the MC members resigned.
4. The EGM was called to elect the new MC, however the proper procedure such as , giving adequate notice to members, informing the members the old MC have resigned, the names of the proposed new MC members or mentioning the point that anybody willing to be appointed to new MC can submit his or her name was not mentioned . There was no proper information in the notice which was not circulated but pasted on the Notice Board.
5. In the EGM held ,only 22/168 members attended. One of the members , who was later elected as Treasurer of the society was not present in the EGM. It was conveyed that his consent is obtained orally on the phone.
6. This treasurer became whole and sole, be it a chairman or secretary, when it came to operations and functioning of the society.
7. The new Treasurer with the support of one of new member appointed new security , started behaving very authoritatively , and started talking very rudely to other members which upset the most of the people in the society.
8. Later on one Sunday, when the NEW MC was having its meeting (attended by Chairman, treasurer, 2 more MC members) that time most of the Society members about 70/168 got down and conveyed their feelings, few of them very vocally that they don’t want such and such person. Looking at the large crowd and their anger and mood, the Chariman offered to resign along with the other MC members. Then and their only, the Members elected new MC about 13 members.
QUERY
9. Kindly advise :
• If such appointment of new MC is valid
• What is the time period within which the EGM to be held for ratifying the appointment of new MC?
• What will be the tenure of new MC?
• What documents needs to be executed /completed by new MC?
• Can the old MC Members create some problem in functioning of new MC?
R.K Nanda
(Expert) 19 January 2013
contact local lawyer.
prabhakar singh
(Expert) 19 January 2013
GET IN TOUCH OF A LAWYER IN YOUR LOCALITY.
Raj Kumar Makkad
(Expert) 19 January 2013
1. No.
2. Pne month.
3. Till the period of next election.
4. Have to intimate to the registrar about the situation of resignation of the previous MC and the election of the adhoc committee till the new elections take place.
5. Ask this question to them only.
udai s parmar
(Querist) 21 January 2013
Shri Raj Kummarji , thank you very much. I am glad you chose to reply unless replying like other experts 'Contact Local Lawyer"
Raj Kumar Makkad
(Expert) 21 January 2013
Most welcome udai s parmar. Every expert has his own way of reply.
udai s parmar
(Querist) 25 January 2013
Shri Raj Kummarji ,Since it is society matter where no personal benefit is to be derived, i was hoping that experts would give guidance for handling very unpleasant situations and scene in running the societies, otherwise I fully agree with you that every expert has his own way of replying- no ill feeling towards anybody.
V R SHROFF
(Expert) 25 January 2013
we prefer short query, say 5-7 Lines , Lengthy is time consuming, and we r in short of it.
In CHS matter concern 168 members, and not ur own single problem.
Society have enough fund to resolve Legal problem, engaging their Adv.
U can easily get majority of ur Answers by reading coy of bye-law booklet that CHS issued to you to read, and understand.
Why not do homework first??
EVEN GOD HELPS THOSE , WHO FIRST HELP THEMSELVES.
ALL THESE AFFECTS EXPERT'S SELECTION TO ANSWER UR QUERY OR NOT.
Under the circumstances I support the veiws of Shri Nanda & Shri Prabhakarji.
