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Forming of sub - committee

Querist : Anonymous (Querist) 01 September 2020 This query is : Resolved 
Respected Sir/Madam,

I would like to know who can be appointed as a sub committee member by the managing committee in a housing society in maharashtra.

The managing committee has appointed someone in the sub committee who is merely staying with his parents and is not the owner of the flat and only recently was made a nominal member after his appointment in to the subcommittee. Is his appointment legal.

In the last AGM the person who was not the owner of the flat but was only staying with his parents came to attend the meeting and had not registered his presence in the AGM register since he has no right to vote in society matters but was made a subcommittee member. Request you to please let me know if this is legal.

Thanking you .
Isaac Gabriel (Expert) 02 September 2020
It depends upon the byelaws of the society. Forming subcommittee is the discretion of the Management.
Dr J C Vashista (Expert) 02 September 2020
What is the function / purpose / aim of sub-committee appointed by Managing Committee of the CHS, which differs in each case ?
Generally a sub-committee is appointed to lesson its burden or seek services of some professional / expert at cheaper rates and availability on the spot, which do not prescribe that the member must be a member / owner of a flat in the Society.
Dr J C Vashista (Expert) 02 September 2020
What is your objection / dispute / problem in appointment of a non-member / owner of a flat in the society as a member of sub-committee ?
Please do not post question paper, be specific with issue involved qua facts.
Dr J C Vashista (Expert) 02 September 2020
AGM in a CHS is being attended and signed / vote casted (if required) by the members of the Society, where non-member has no right or claim.
Sudhir Kumar, Advocate (Expert) 02 September 2020
read society constitution.
Rajendra K Goyal (Expert) 02 September 2020
Society’s approved by-laws need to be referred.

Sub committee is generally to give suggestions not to take decision which is finally to be taken by management committee.

Whether bylaws permit appointment of nominal member, if so whether proper procedure was followed.

If nominal member is appointed through laid down procedure, it can not be challenged till court held such provision as against law.

If Society by-laws prohibit such step, you can proceed legally against the appointment.

P. Venu (Expert) 02 September 2020
Except for the person being nominal member, is the person disqualified to be a member of the sub-committee?

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