Co.op.hsg.society mumbai, maharashtra

You have posted that,

My Question is :

1)That is stand taken by Secretary correct?, if yes, under which clauses of Model By laws or MCS Act.

A. No

2) If his stand is in violation of any Act what action is required against Secretary and MC Members.

A. Attend GBM and replace him with some other member of your choice

3) Is it possible to treat this MOM null and void and requires matter to be taken up with Dy. Registrar Office.

It is better to consult and engage a local prudent lawyer with relevant records for proper appreciation of facts and circumstances, professional advise and necessary proceeding.

Secretary’s action of finalizing minutes unilaterally and refusing to circulate them is contrary to bye-laws.
Under Section 32 of MCS Act, 1960 read with Bye-Law No. 23, every member has a right to inspect records and obtain certified copies of society documents, including minutes, on payment of nominal charges. The Secretary cannot deny circulation or force written requests arbitrarily.
If objections are ignored and minutes not properly adopted, the following remedies exist:
Approach Dy. / Asst. Registrar of Co-op Societies (ward level).
if the procedure under Bye-Law 109 was not followed, the minutes are procedurally invalid.
Members (even one member) can file a complaint/application before the Dy. Registrar requesting:
1. MOM be declared invalid as not confirmed/adopted by the GB meeting.
2. Fresh draft MOM be placed before next GB for adoption.
3. Directions to MC/Secretary to circulate all records to members.

Dear T. Kalaiselven,              Thank you Very Much for your kind reply.Would take appropriate action as suggested.                              Only one point I want your advice that out of 4 MC Members, 3 are relatives Father, Son and His younger brother all are HUF.Whetter this is OK. 

Regards,

Hrushikesh 

If they are all individual flat owners then they can be recognised as members, but you have not told that how and by which mode that they were selected

They themeselves have selected as they are MC Member. Even 2 Ladies were ready to become MC Member they overlooked and not considered. 

Whatsoever, you are required to move to the Registrar Cooperative Societies, Maharashtra to set aside the elections, meanwhile stay on the self-selected Managing Committee by appointment of an Administrator.

You can lodge a complaint citing the irregularities and illegal activities of the said MC members propose including violation of the bylaws in writing, if necessary with two or more members to support your claim and await action to be taken by registrar concerned.