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RANGWANI KISHORE   11 July 2019

dissolution of managing committee of co-op housing society.

The managing committee formed through election process by SCEA in June 17 c for 5 years tenure omprised of 3 office bearers ie Chairman, Hon Secretary and Treasurer along with 9 committee members, thus totalling to 12.
out of these 12 members,7 committee members and 2 office bearers ie Hon secretary and Treasurer has resigned citing reasons as personal. The chairman has accepted all the resignations. upon the acceptance of resignations the managing committee strength has reduced from 12 to 3 only.
Does the existing managing committee of leftover 3 members automatically gets dissolved on account of short of strength necessitating fresh elections and to run the societys day to day affairs and smooth conduct of election process an Administrative committee of 3 willing members is to be formed with the approval of deputy registrar.
Request your kind advice on above and correctness of process.


Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     15 July 2019

Dear Querist!

Bye Law No 131(e) Resignation of the entire Committee says that:-

"In case entire committee intends to resign, the resignations of the committee shall be placed before the General Body and such resignations shall be effective from the date of acceptance of such resignations by the General Body. This fact of acceptance of resignations of the entire Committee by the General Body, shall be communicated to the Registrar by the outgoing officers and Registrar may take necessary action as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar."

 

In this case fresh election needs to be conducted and society is bound to inform the Registrar about resignation fo the committee members and intimate about fresh election.

 

Regards

Adv. Rohit Dalmia

9324538481


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