Rajendra Kumar (self employed) 13 January 2011

Co-op.Hsg.Soc.

I want to know whether a secretary can be removed by other members of the managing committee? What are thr rules for appointment of member of managing committee in case there is shortage of members in the managing committee. In case of shortage of member of managing committee secretary of the society puts up a notice inviting members to be part of managing committee. A member applies for the same but the other committee members do not want to admit her/him as member of committee so they donot act his application and by personal infulence they make other members to become part of managing committee. What are the rights of the person who has applied to become a member of managing committee and he is not replied by the secretary.

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5 Replies

Isaac Gabriel (Advocate) 13 January 2011

It depends upon the bylaws of the society and the Coop Scieties act and rules which differ from State to State.

AMAR RANU (Legal consultancy) 13 January 2011

Question is not clear.

Which state and whether said society is goverened by old byelaws or new byelaws?

Rajendra Kumar (self employed) 14 January 2011

Thanks Friends for your immediate response on the matter. This is a case of Mumbai and Governed by New Byelaws and societyis registered under the MCS Act, 1960. I sincerly expect legal and expert opnion as every day some members are joining the Managing Committee and few others are threathning to resign and again re-joining without the consent of members. Recently the elected secretary of the society is removed without any reason by other Managing Committee members who are even not elected members but slected/Co-opted members and named another person as secretary of the society without following ant due process of law. I want to know what should the secretary do under these circumstances. Whether the secretary may continue as secretary or he/she is deemed to have vacated the post of the secretary.

AMAR RANU (Legal consultancy) 14 January 2011

The management of the said society seems to have collapsed.

Please seek the intervention of the society Registrar to set the matter right.

Chiranjiva Ranjan (Advocate and Tax Consultant) 14 January 2011

Before taking any steps, the provision of the Bye-laws of the Co-operative Societiy and the relevant Act of MCS,1960 must be examined and after examining the provision, the removed secretary have a remedy to challange the order / decision of the Managing Committee before the Registrar of Co-operative Societies,Mumbai under the relevant provision of section for Co-operative Disputes between Secretary and the Managing Committee.