Dylan DPenha 22 February 2024

Can an expired managing committee (over 6 months)induct members & conduct elections

The Society has a total of 14 Flats
Secretary has Expired Jan 2023 - No Secretary appointed
The Managing Committee continues under Chairman and has Expired its Term in July 2023
They have Selectively admitted a member in September 2023 by conducting an MC meeting quietly and leaving out certain MC members
The Member admitted is on the Basis of Nomination that shows 50% on Wife & 50% on Son however only Wife admitted
I & J Register updated & Share certificate signed with 2 Signatures only (post expiry of MC term) since this is the wife of the Secretary who is deceased
This manipulates the strength of the Electorate as another members application on Gift deed is kept pending.
Society now starts an Election Process based on a Circular sent around for MC signature terming it a Circular Resolution
1st Election Officer resigns in December 2023
2nd Election officer declares Inability to conduct elections due to Fathers Health
3rd Election officer appointed

Questions:
Does the MC have Rights to Admit Members post their Expiry of term?
Is the Admittance of member Legal?
Can the Society Conduct Elections Post expiry of term?

Notes
Society Consists of Super Senior Citizens (80+) members and therefore they are unable to forcefully challenge
Appendix 5 of Relatives to represent these not being inducted as members.

Case is under Hearing at Dy Registrar however evaluating options

Reply Follow

3 Replies

T. Kalaiselvan, Advocate (Advocate) 22 February 2024

You have already approached Registrar concerned with the dispute seeking intervention and relief, hence it is advisable that you wait for the outcome of the dispute to be decided by the registrar.

If the decision rendered by registrar aggrieves you then you can either prefer an appeal or escalate the matter through cooperative court for relief to your grievances.

1 Like

Dylan DPenha 23 February 2024

Thank You So much Mr T. Kalaiselvan - However I was only asking for an independant legal opinion to validate my approach. Meaning what are your views on the above subject. How would you View it, is the actions of the Managing Committee correct etc.