Resignation from the post of president
SANJAY SINGH
(Querist) 12 March 2015
This query is : Resolved
SIR,
I HAVE RESIGNED FROM POST OF PRESIDENT BY SENDING SIGNED SCANNED COPY OF LETTER THOUGH EMAIL TO MAIL ID OF COOPERATIVE SOCIETY ALONG WITH EMAIL ID OF ALL EXECUTIVE BODY MEMBER. AFTER SEVEN MONTHS OF MY RESIGNATION, THERE IS A THEFT IN SOCIETY. NOW, EXECUTIVE BODY IS PUTTING BLAME ON ME THAT I AM STILL PRESIDENT OF SOCIETY AS THEY HAVE NOT ACCEPT RESIGNATION . AS PER BYLAWS OF SOCIETY AND UP CO-OPERATIVE ACT THERE IS NO PROCEDURE OF RESIGNATION. THE SOCIETY EXECUTIVE BODY IS IN MOOD OF TAKING RESPONSIBILITY OF SOCIETY. PLEASE ADVICE WHETHER MY RESIGNATION IS VALID AND WHAT SHALL I DO? THANK YOU IN ADVANCE.
Kishor Mehta
(Expert) 13 March 2015
Sir,
Your resignation may not be accepted by the Managing Committee unless you have satisfactorily brought upto date the work entrusted to you and have produced the entire papers and property of the Society, in your possession, before the Managing Committee.
Your resignation will be effective only after its acceptance and handing over the charge to the newly elected Chairman.
Good Luck,
Kishor Mehta
SANJAY SINGH
(Querist) 13 March 2015
Sir,
Thank you for your reply. I was President of society with treasurer in place. Treasurer, who still continue was carrying all transection and undersinged was signing papers when required i.e. no file was under my custody & it was treasurer who was handling it. Further, about seven months back I have resigned and no one asked for any handover (as I was not physically having anything or taking anything (salary etc.) from society, there there was nothing to settle or handover.The society is running from last 7 months & no one including vice president ( who gets charge in absence of President) is interested for election of president of society. In this case what shall I do ?
Dr J C Vashista
(Expert) 13 March 2015
I respectfully disagree with the expert opinion/advise of Mr. Kishor Mehta since the President of Cooperative Society is a voluntary (honorary) directly elected appointment/post and it is the sweet will of the incumbent (the President)to continue or otherwise. MC has no say/role to play and/or authority to compel him (President) to continue.
The resignation of President and Vice-President of the Society (being directly elected by members) has to be addressed to the (State) Registrar Cooperative Societies under intimation to the Secretary of the society.
ajay sethi
(Expert) 13 March 2015
i agree with mehta . your resignation has to be accepted by MC .
the MC has to then elect new President from among the members of MC
Rajendra K Goyal
(Expert) 13 March 2015
Agree with the expert Dr J C Vashista ji.
Guest
(Expert) 13 March 2015
Is there no post of secretary in the society?
Also, what type of physical charge of the society you had been handling, as present?
SANJAY SINGH
(Querist) 13 March 2015
Thanks for all of your advice. There is no Secretary in the society as secretary has resigned one year back. The society runs Lpg, petrol pump & a shop outlets. Earlier and now too I am not physically handling anything. The files contains invoices are mainly are put in the file by staff of society.
Earlier before resignation (August 2014), I use to sign invoices of society of items sold by society. But from last seven months I am not doing anything. The treasurer of society & vice president is doing everything.
There is recent theft in society whose FIR, MC has filed but now the executive body members have started saying that technically you are still president as we have not accepted resignation therefore, you are required explain everything including theft details to members.
In bylaws or UP Co-Operative act, no where it is mentionef that, I as president for resignation should sent the same to Registrar. It is executive body who elected me President, so I should intimate to the executive body.
I made mistake that I didn't call executive body meeting/GBM & resigned & sent the same via email thinking the same as sufficient. What should I do now? Thank you all good ppl for your valuable advice.
Kishor Mehta
(Expert) 13 March 2015
Sir,
There is always a matter of Joint liablity/responsibility in any elected committee, nobody can shirk it under any pretext.
In a CHS there is a chairman, who is elected by the Managing committee and not by the generaly body. The entire committee is jointly responsible to the general body for their acts of commissions & ommissions.
Though the posts are honorary they also carry several mandatory reaponsibilities, when one has accepted a post willingly he can resign only as per the applicable rules, after having attended to his reaponsibilities satisfactorily.
I write this not to challange peer experts' opinion, this is as I interpret the law.
Good Luck,
Kishor Mehta
Guest
(Expert) 13 March 2015
Even if as per the executive body members technically you are still president, what they expect from you with particular reference of theft?
Further, when the secretary resigned, wit what reason one of the executive member was not co-opted as a secretary to look after his duties and responsibilities till regular election of a secretary?
Still further, is there any specific reason that your resignation was not accepted by the executive body for the last seven months?
SANJAY SINGH
(Querist) 13 March 2015
Actually, I & treasurer are only person who knows computer, tally software & capable of doing activities of society. Being president, I had to throughout day communicate over emails/phones to every trival issues of society. I carried it for two years but this was affecting my health, family & kid education. Now, treasurer is doing all activities of society. Rest or not interested & capable to do anything. The secretary post was not filled as no one was interested & undersign was only doing all communication. There was no specific reason for not accepting my resignation. The vice president was not capable & wish some day my mind will change & withdraw my resignation. Please help me how to get out of this mess ?
Guest
(Expert) 13 March 2015
When you have already resigned, you cannot be dragged against your wishes to remain as the present. You need not to bother much and insist them to accept your resignation or ask them to convey their written refusal with reason for not accepting the same.
But, I wonder, when the society is doing all such profitable ventures, like running Lpg, petrol pump & a shop outlets, why the MC cannot appoint well qualified computer trained persons?
Isaac Gabriel
(Expert) 14 March 2015
Every cooperative society bylaws,the coop.Societies Act makes the office bearers responsible for the transactions done and fixes liability on the board of mangement.Unless relieved from the post by the executive body,the office bearers are held responsible.Mere sending the resignation alone is not sufficient.
SANJAY SINGH
(Querist) 15 March 2015
Sir, after resignation, is it my responsibility to force managing committee to accept my resignation ? If they are not communicating to registrar, then shall undersinged should intimate registrar of society to force MC to act (accept/reject resignation in plain with reason for not done in last 7 months). Is it my responsibility to intimate registrar? It is nowhere written in bylaws or society act. Thanks for reply.
Isaac Gabriel
(Expert) 16 March 2015
The society ought to have examined your resignation and sought the further course of action.Normally the registrar will send a respresentative to decfide aboout your resing=ation at the Executive meeting and the alternative action to run the Administration.Until such time you are expected to hold the key.
T. Kalaiselvan, Advocate
(Expert) 16 March 2015
All these problem arose due to a theft incidence in the society otherwise your resignation matter would have remained in dormant condition even for years if no such thing had taken place but now due to the undesirable incidence the blame game started playing its role. In one way the interpretation of expert Mr. Mehta is genuine but the opinions of Mr. Gabriel and Dr. Vashista cannot be ignored in a lighter vein. This is a honorary post but a responsible post hence as a responsible person, one cannot sit idle and remain not bothered or unaffected after sending his resignation to his sub ordinate office bearers. The decisions taken are to be handled in a matured way and cannot disown the responsibility quoting the stated reason. Well even now your expertise may help in solving the society's problem after which you can arrange a replacement call it quits.
SANJAY SINGH
(Querist) 19 March 2015
Thanks for all of your advise. I took your advise seriously. On my request, a Executive Body meeting was called on 17.03.2015. As expected no one was ready to be President and kept mum on my resignation. On my insistent, they agree to call a General Body Meeting of all members on 20.03.2015 to fill the vacant post. However, in while communicating for GBM, they didnot mention my resignation letter came seven months back but instead stated that undersigned has informed of not able to play active role in society, This statement is contrary to the fact that I have send resignation letter seven months back. I have not participated in any activity of society for last seven months, however they are trying their best to pull me by labeling as current President and is now not willing to continue in society. It was also decided in meeting that if vacant posts could not get filled in GBM, then will dissolve the executive body and intimate the registrar for election. What should I do to insist that undersigned has resigned 7 months back and not what is being told by society to members ?
Guest
(Expert) 19 March 2015
You are welcome. Present proof of your resignation. Inaction on the part of MC cannot be termed as your fault.
SANJAY SINGH
(Querist) 21 March 2015
Today in GBM there was lot of uproars and shouting. Members insisted that all the theft amounts need to be recovered from existing executive body. Members and existing body stated that I am still president of society as my resignation is not accepted till date and I have not handed over charge to anyone. I asked them to tell clause of Bylaws where procedure for resignation is mentioned. Further, I stated that it is the executive body who has to decide on resignation and take charge from me. At the end, a new executive body is formed & Treasurer took charge of New President & New Secretary charge is given to one member who joined executive body through GBM.
It is due to you people advice, I took non acceptance of my resignation seriously and force executive body to call GBM. The new screatery is my friend and came forward to resolve my resignation. He will intimate to Registrar with new body soon.
I once again thank all of you nice people for giving invaluable time to the issue. I was not expecting any response when posted query but your feedback indeed help me understand the gravity of situation.
I will like that clear cut steps on resignation should be mentioned in ACT/BYLAWS and the member who is joining executive body must be told the steps .
Thank you.
