Termination of membership from managing committee of a mem

This query is : Resolved 
 

Online (Querist)
30 April 2019

Sir / Madam,

We seek your expert advise on the following.......

In the Co-operative housing society one managing committee member, neither attending the monthly meetings nor involved in any kind or work since long back. Few members are insisting Secretary to terminate him from the committee membership.

Is secretary have a right to issue a termination letter to that member or

is it required to take decision in the managing committee meeting with majority?

Please advise.

Thanks.


Dr J C VashistaOnline (Expert)
01 May 2019

The Secretary has no such power to terminate duly elected member of the Managing Committee.
Reference is required to be made from the Bye-Laws adopted by the Society on the subject.
Which state viz; Delhi, Maharashtra, Gujarat, etc do you/ society belong?
However, it shall be better to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

Hemant AgarwalOnline (Expert)
01 May 2019

1. Committee Member can be removed by passing a Mg.Committee resolution, by citing proper reasoning /justification. BEFORE doing the above, a proper Show-Cause-Notice, should be issued to the defaulting committee member.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

ROHIT SHARMA (Expert)
01 May 2019

1) If such managing committee member was elected then despite his remaining in active he cannot be dispelled from his appointment
2) He will not succeed to get elected in the next election.
3) The committee can co-opt another member on adhoc basis.
Adv. Rohit Sharma.

kavksatyanarayanaOnline (Expert)
01 May 2019

The Secretary has no power to remove an executive member. The majority members of General Body have to elect executive member/members and to remove any executive member. The reasons shall be noted in minute book.



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