Resignation and appointment at special general body meeting

Vijaya Bhaskar (Querist) 09 November 2022 This query is : Resolved
Dear learned experts,
Can a President /Treasurer/Secretary resign in a special general body meeting or it must happen only in the annual general body meeting? what if any of the board members are not willing to continue until the annual general body meeting? can we accept such resignations or new admission in the special general body meeting? Appreciate your guidance

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This discussion clarifies whether resignations and new appointments can occur during a Special General Body Meeting (SGBM) or if they must be reserved for the Annual General Body Meeting (AGM). Generally, an SGBM can handle urgent matters like resignations and appointing interim office bearers if the situation prevents the society from functioning. However, specific rules can vary by association type and registration act, making consultation with a local legal expert advisable for definitive guidance.

kavksatyanarayana (Expert) 09 November 2022
If one or two of the Executive Members i.e. president/secretary/treasurer resign the remaining Executive members may continue till the time of the AGM. If the majority of members resign and it is not possible to run the society, in such circumstances a Special/emergency General Body meeting shall be conducted and elect the new executive body.

Dr J C Vashista (Expert) 10 November 2022
What type of association / society is being referred in the post as law differs in all cases ??

SGBM is as good as AGM except the fact that SGBM is convened for special purpose (agenda) whereas AGM, as the name denotes is to complete routine proceeding of the association / society. Accordingly mass resignation of office bearers can be accepted in SGBM and the body (SGBM) is competent to accept resignation and appoint ad-hoc committee for smooth functioning of association / society till new Managing Committee / RWA takes charge.

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional advise and necessary proceeding.

Vijaya Bhaskar (Querist) 10 November 2022
Thank you all for you instant replies with guidance. Few more facts of the case.

It a society registered under the Karnataka Societies Act 1960. In fact majority of the members are from one family, out of seven, four are family members. Currently, mother is the President, youngest son is a member, Elder son is a vice president. Other son is secretary who is currently handling everything without the knowledge of the members and believed things are not managed well in respect of funds. Now all are fed up of secretary for not bringing anything to the knowledge of the members and therefore, mother proposed the elder son for President as officer, mother to continue as a member, and majority voted, except the secretary in the Annual General Body Meeting. Secretary is not agreeing for the change of president as he was comfortable mother being president to play with the funds keeping mom as president.

However, secretary is trying to convince the elder brother saying that wait until January, you can become president in special general meeting, on what basis he is assuring is not sure, but the rules and regulations clearly says that members would be admitted in the annual general meeting and also the officers can be
changed every year. My query is, can a new member be appointed and resign in a special general meeting.

Since majority of the members agreed for change of president except sectary, can mention in the minutes that all agreed except secretary and proceed further, is it good to have in the minutes about the objection raised.. moreover, he is not willing to sign the resolution passed, can the resolution without his signature be valid thought the quorum was there and majority has agreed for the change.

Also Treasurer is not willing to continue and gave his resignation in the meeting. Is their any provision that resignation should be given well in advance or ok if given in the meeting as he felt it. Can the accept his resignation as he not given well in advance.. if not, can he resign in the special general meeting.
Please advise.

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