Societies act of karnataka

PRAMOD KUMAR (Querist) 11 July 2021 This query is : Resolved
Dear Experts,
I have a query. We are having a RWA registered under the Karnataka Societies Act.
There are 6 Blocks and we have 15 members in the Managing Committee (MC) - 2 from each block, a president, a secretary and a treasurer.
Now the President and secretary both have resigned.
What is the best way out to resolve the crisis.
Whether the MC stands dissolved?
Whether New elections are required?
Whether new elections can be declared by the ad-hoc committee of the remaining 13 members.
Whether EOGM is required and then elections are held by their approval in the meeting.
Whether both the posts can be filled without EOGM by co-opting these two.
Matter is a bit URGENT. Request your valuable views.

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Quick Summary

A Residents' Welfare Association registered under the Karnataka Societies Act is facing a crisis after the President and Secretary resigned. The remaining 13 Managing Committee members are seeking guidance on how to fill these crucial vacant posts. The discussion explores whether the committee is dissolved, if new elections are mandatory, or if the remaining members can co-opt replacements. The consensus suggests that the Vice-President and Joint Secretary can officiate, and elections for new office bearers should be conducted promptly, rather than dissolving the committee or holding full new elections.

kavksatyanarayana (Expert) 11 July 2021
If a President/Secretary or any Executive Member resigns then in the General Body meeting the vacancy may be filled in with a majority of 2/3rd members. Or the General Body may conduct a Special General Body meeting with a notice to all the members well in advance at least a fortnight and elect the new members for vacant posts of the association. It will not be dissolved. The new election is not necessary.

P. Venu (Expert) 12 July 2021
Which exactly is the law involved - Karnataka Societies Registration Act or Karnataka Apartment Owners Act or some other Act?

PRAMOD KUMAR (Querist) 12 July 2021
Sir, We are registered under Karnataka Societies Registration Act.

Dr J C Vashista (Expert) 13 July 2021
It is an association registered under the provisions of Karnataka Societies Registration Act where associations have submitted their MoU and AoA, which contain rules and regulation for functioning of the RWA.

On resignation of President its Vice-President and Secretary the Joint-Secretary shall take over the charge and function as "Officiating" President and Secretary.

Election of new team of Managing Committee may be conducted at the earliest.

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