Colony Association


We have an Association for our colony at Hyderabad. The Association registered in the year 1992. Thereafter no intimation was filed with Registrar of Societies with annual list of Office Bearers elected. The Association is continuing till date conducting elections as and when they feel and the same body is continuing and no list is being filed with Registral even now. The elections are conducted as an eyewash and no proper proceedure is followed. The bye-laws are not at all followed.

1. I just want to know whether the present Association is a legal body?

2. Whether forming a seperate second Association with the same name or little change will amount to any violation?

3. What is the remedy for stopping the present body not to function.

 

 

 
Reply   
 

Sir,No association of same name can be formed ,however by making some  changes in the name of society already regd. under the act  can be allowed by Registrar morover, such associations are formed for welfare of residents of colony.There is no harm in forming an other association as such, there are number of residents welfare association in a particular colony are regd. and functioning for welfare of its residents.

 
Reply   
 



Sir, further add to my reply already posted that irregularity committed in not filling of annual list of members can be filled later with late fee fine subject to state rules in this regard and it is difficult to stop that society from functioning however, you may file a writ petition\suit for declaration of its election if term of governing -body has expired.For better understanding please go through its bye-laws because no society can act ultra vires what its bye-laws not permit.

 
Reply   
 

Thank you Daljitji for your quick and promt response.

Actually I have booked a criminal case against my President, G.S and Treasurer who are signetaries to drawing money of about 4 lakhs  through bearer cheques fruadulently.  Since I am a complainant in the case I am not joining the new association as the same is going to weaken my case as advised by my Advocate. Being within the old Association I want to fight the case and support the new association indirectly.

kindly confirm my position.

 
Reply   
 
Advocates & Mediators.

The members can approach and lodge compliant if any to concern co operative officer and can request

for elections and u can ask for general body meeting as well

 
Reply   
 

Hi All, Am also same facing same kind of situation but we are at very initial stage.Am the President of the colony . Due to couple of sudden resignations from assocation panel members our association has collapsed. When we approached Resgitration office they said we cant make any changes to the current Colony Association as it need to be continued for minimum 1yr for any kind of changes. Or else go for New Colony Association registration with different name or slight change with the current association name. 

So my question is as am president for the current colony association, can i be a president for new colony association also it correct or wrong , because the old association will be active in parallel will next year until it gets auto closed or collapsed.??

Please share your thoughts. 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu