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Dev Patel   10 April 2022

disqualification of committee members

can committee members attend meeting if they have complained agaist the committee to the registrar of housing society in thane ,related to discussion on the same matter


 7 Replies

Kishor Mehta (CEO)     10 April 2022

Yes they can if they have not been legally disqualified from attending. 

P. Venu (Advocate)     10 April 2022

Please post the material facts.

G.L.N. Prasad (Retired employee.)     10 April 2022

Making a genuine complaint to the competent authority is a right, and can not disqualify any number, even if bye-laws states, it may not hold good in law. Report the matter to the same authority abut the highhandedness of the President/Secretary, as the elected member has such rights for attendance.

Dr J C Vashista (Advocate)     11 April 2022

Refer to related provision of Maharashtra Cooperative Societies Act, 1960

Dev Patel   11 April 2022

our is society of 45 members with two wing,due to corona protocol AGM and election got postponed .In month of October we approved the audit report and in same meeting discussed about the election of new committee as tenure of old got over and inform the registrar.
3 committee member wanted to conduct selection process insted of election.And as discussed registrar was given letter for election as election panel was declared late .we in committee meeting decided to take AGM on 16 th Jan ie after sankrant as from 14 dec to 14 no auspious things are not done agreed by all committee members.on the AGM day these committe members along with few others wanted to get election on same day of AGM stating they don't want election ,they will elect by raising hand office bearer and these office bearer will select committee members and for this they will take permission from registrar,then they said with 15 day the will get permission and take election.they did not get permission and registrar office told them to follow procedure of election.they then also wanted to selection committee on 30th jan.but member did not come down as society has informed rest of members that society will be conducting election as per rules of MCS Act 1960.As their wish and desire to take over the society was not fulfilled the three committee member along with few others lodge false complaint of mismanagement,mis appropriation of fund and other thing without verifying book of record and other records.Every year AGM is taken account and audit report are circulated and approved in AGM.
My question is do 3 committee members be part of committee meeting if we discuss matters related to the false complaint .
secondly the don't come to committee meeting and if they come they donot allow all agenda to finish up, keep on fighting calling other few .they behave like goon ,they drink in society campus in their car ,they call their friends also.
please guide I am chairman of society
thanks and obliged

Kishor Mehta (CEO)     11 April 2022

The three members referred can attend committee meetings,even if they have complained agaist the committee to the registrar of housing society in thane, if they are formally elected to the committee. Managing committee can approach the deputy registrar of chs, for disqualification of members, if they have valid tangible proof about the misbehaviour of any committee members.

P. Venu (Advocate)     11 April 2022

The members could be disqualified only in accordance with the statutory provsions, i.e. the provisions of the Cooperative Socities Act,  and following the due process as laid down in the Act. The Committee cannot take law in its ands, even if so authorised by the bye-laws.

The facts posted are less than concise and too opiniated that no specific suggestion is feasible,

Please post concise facts sans the personal opinions based on assumptions and presumptions.

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