Co-operative Society Resolutions Validity

Ajay Dand (Querist) 09 May 2010 This query is : Resolved
In our CHS, a Special GBM was called in Nov. 2008 for discussing the resignation tendered by the existing MC and to form a new MC in its place. During this SGM, other business was also discussed, and couple of other resolutions were also passed. One particular resolution was pertaining to charges to be levied on members for using part of the society premises for family functions. Majority of members have also approved the resolution. Now, as per the model bye-laws, no other matter can be discussed in a SGM other than the agenda spelt out. However, there has been no challenge to the resolution and member who have subsequently carried out family functions, have paid up the charges. But recently, when one member, who was asked to pay the charges for his function, refused to pay, saying this resolution is invalid. Hence my question to the learned expert is, while yes there is a technical error on part of the GBM to pass the resolution, does is violate the letter and spirit of the law? ALso, since majority of members have agreed to the resolution, can it not be considered a valid resolution? Thanking you in anticipation.

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Raj Kumar Makkad (Expert) 09 May 2010
It is a valid resolution because majority of persons can also make demand at the time of GBM to discuss some other matter in the meeting snd a due resolution can also be passed as has been passed in your case.

After passing the resolution, it has duly been go executed in all cases since last 2 years so such single person cannot refuse to deposit the fine challenging the authenticity of the resolution at this stage.