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Shankar   26 January 2021

Can chairman remove society secretary on fraud grounds

I'm the Chairman of the society and during last SGM society passed a resolution that conveyance amount was 5.88 lakhs but the total amount paid till now is 8.7 lakhs so society members are saying that all 3 committee members will pay equal amount to settle this dispute. But corona happened and there was no SGM after that but now i have sold my flat but the buyer needs Noc from society for home loan but secretary spoke to the lawyer who assigned to give conveyance and he says that the Society members will decide. And another thing the secretary took 1 lakhs of society's money to give to the conveyance advocate, but he never gave it to him and during SGM when asked he returned the money. So can i remove him from the post based on this defrauding the society money or is he free because he returned the money. And what are my options for getting the noc.


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 3 Replies

G.L.N. Prasad (Retired employee.)     26 January 2021

Before removing issue notice, and keep a record of his statement, and threaten to give police complaint, and demand for resignation first.  Then seek guidance of the Registrar of societies and insulate against all risks of attributing personal motives to you and explore all possibilities before taking serious action.

Dr J C Vashista (Advocate)     27 January 2021

What is the type of society referred by you ?

Cooperative Society is a State subject which differ from a State to another State.

Vaugue information can not lead to form proper opinion and oblige

P. Venu (Advocate)     27 January 2021

Certainly, the Chairman has no such authority. It is only the general body that has appointed the office bearers and the appointing authority alone has the authority for removal of an office bearer.

Moreover, the facts posted suggest that you  have a personal bias in the matter. propriety requires that you should not chair the meeting when the issue is taken up for discussion.

As already suggested, the best option is in initiating a criminal action.  


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