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Kiran (Head Business Process Automation)     09 May 2011

Co-Operative Housing Society Secretary does not coperate.

Dear Sir,

I am the Managing Commitee Member of Shilpakar CHS, Kandivali, In our Managing Commitee meetings Resolution of Rotating Responsibility to others has been done without any objections on 26/10/2010.

So as per the resolution we have jointly roteted responsibily to other Commitee Members on 19-04-2011, and the Secretary has commited to give Charge to Newly selected Secretary, But Now he is denying to give charge as well keys of Office to Newly Slected Authorities.

But when we ask Secretary to handover he is not cooperating with us, All of the Manging Commitee members are opposed to Secretaries Behaviour,

Hence would like to know that the Resolution Passed in Manging Commitee does has importance or not ?

What action we should take in this regards.

 

Thank You

 

 



Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 May 2011

You all may get lodged FIR against him for illegally misappropriating the properties of your society. and you may simultaneously send a notice to him and may demand the needful within a day or two failing which all society managing members may break lock and take forceful possession in the presence of Assistant Registrar of soceities so brneg this matter to his knowledge.

1 Like

Kiran (Head Business Process Automation)     09 May 2011

Dear Sir,

Thank You for your quick response..

He has stored all the important  documents related to society, in his house and the keys are aslo with him, He demands General Body Meeting , We dont understand that If Managing Commitee Passes the resolution of Interchanging the responsibily of the Commitee members then do we need to call general body meeting ?

For Precaution, we have informed all the 60 Members of the society regarding the Resolution done via Written Circular..

As he told one of the commitee member that he will call general body for this issue, is that is right? do we need to call the general body meeting for commitee's internal resolution ?

We have already given him time of 20 Days to handover, Should we give chance to him call the general body meeting ? before taking legal action..

Kindly Suggest

Thanks

Kiran Pawar

Kiran (Head Business Process Automation)     09 May 2011

Kindly Suggest.

Kiran (Head Business Process Automation)     11 May 2011

Dear Sir,

As per the Suggestion we have drafted the Notice to the Secretary, Kindly find below matter and suggest changes if any.

 

To,

Mr. Prashant Kalkar,

4/15 Shilpakar C.H.S.

Arya Chanakya Nagar,

Kandivali (East ),

Mumbai  400101.

Notice:

As per the resolution done on 19-04-2011 in the Managing Committee of our Society, we all have decided to rotate the responsibility (Portfolios) to other committee members; according to this resolution you have agreed to give charge to Newly Selected Secretary and Treasurer on 24th Apr 2011.           

On 24th Apr you didn’t came to Office to give Handover, so as a result we have to call Managing Committee meeting on 27th Apr for Handover Process, On 27th Apr 2011  also you didn’t attended the  Managing committee meeting. As well you have refused to give Keys of Society Office to conduct the meeting.

In the Next meeting you had promised us to give Handover (Charge) on 8th May 2011, the same has been noted in Managing committee minutes Book. However on 8th May 2011 you didn’t come in the Society Office to give handover (Charge), and you refused to give handover over the phone to one of the committee member (Mr. Mandar Ranade)

Despite of Giving Many Chances and enough time to you for the Handover Process, you are not Co-Operating with Managing Committee Members for the Resolution Passed in Managing Committee Meeting, It seems that you are taking law in your own hand, which we think is not beneficial to Our Society.

Looking at the above matter, In Interest of society we would like to bring to your Notice that “If You will not Handover the charge of the society Documents with in Next 48 Hours”, we unwillingly have to take appropriate legal action against you which may deem fit at your Risk and Cost.

Further we also would like to bring in your notice that you alone are not empowered to call General Body / Committee Meeting without consent of Managing Committee Members and without Proper Agenda. If you call any meeting which is not fitted as per above condition will be treated as you have called it arbitrarily and thus such meetings will be treated as illegal and not valid.

Regards,

Shilpakar CHS Committee Members,

 

Thanks

Kiran Pawar

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 March 2012

It appears to me that you have unnecessarily messed up things. Generally the tenure of a Managing Committee is 3 years. Under the Model Byelaws Chairman, Secretary etc are elected by the Committee at its first meeting after election and the Officers continue as Chairman or Secretary for  the entire 3 year period. Do your byelaws provide for rotation of the posts within the 3 year period?

Whatever may be your answers to the above questions, the only way you can remove a Secretary is by bringing a no-confidence motion against him within the Committee. The procedure and requirements for this will be available in your byelaws. If you have any further question write again.


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