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Sudhir Kumar, Advocate (Advocate)     16 May 2012

Cooperative socienty

A friend of mine is office bearer of a housing society in G/NOIDA.  The society was formed by members of an elite paralimitary force officer (original and deputationinsts) and their civilian officers. 

 

The land was allotted to the society by the G/NOIDA authority on the condition that the land will be used by the officers said organization. The allotted land was for larger non of members than the existing members as per registered bye laws and more members were added.

 

The society was not fully occupied as members of armed forces and paramilitary forces keep on transferring and the property became prime attraction of land mafia who just wanted to have an entry.  This promoted the management to change bye laws. The membership was initially open to state govt employees and others as well.  They have in 2009 changed bye laws and gave a copy to the registrar and there was no objection from registrar office and they sought to execute the same. 

 

One serving Army officer wasted to dispose off the land on POA to a local villager which management considered not to be of good repute and the transfer was not allowed by the management.

 

The said officer made a complaint to the registrar who has issued a notice for dissolution of the governing body. The ground of notice are exercising ultravires laws and increasing membership beyond the limit prescribed inbye laws.

 

What exactly are the provisions for such dissolution

 

Since the friend is well enlightened I did not feel like going through the papers and accepted the descripttion on face value.  I do not want to given him half advise and with to be enlightened by views of other fellow members so I am deliberately not adding my views to this version.

 



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