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Alice (none)     08 August 2012

By laws of nonprofit organization

Can the President of an RWA be removed when the bylaws of the association do not have any clause on removal? If the President has done nothing wrong/no financial or any other wrongdoing has been done, can the secretary and the rest of the governing body arbitrarily decide to remove him? The only reason verbally cited by them is that they dont like his style of working. The President refused to accept this as a ground for resigning and hence did not resign. The society is regd under the Socities registration act of 1860. What action can the President take against them in this case? How can he defend his position? Can the governing body change the bylaws of the association on their own without consent of the president to accomodate a clause on removal of office-bearers by majority vote?



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 3 Replies

surjit singh (Assistant)     09 August 2012

When the society is registered the by laws must have been submitted before the office of the Registrar of Registration of Societies and in that particular document the removal of any office bearer must have been mentioned. Generally  the office bearers are removed only after the re-election is held. For removal in between the elected term in most of the societies byelaws it is mentioned that removal of office bearer will be done only after a resolution passed in the Annual General Meeting  or any general meeting called by the competent officer bearer. Your have to look into that, If there is no such provisons you can approach the court and get an injunction restraining your removal till such time the term expires and new election are held .

1 Like

Alice (none)     09 August 2012

There is no mention of the word removal in the by-laws. There is only 1 clause which states that if anti-propoganda of the association is done, then can be removed. But the President has not even done that , the secretary is trying to overthrow him just bcoz they dont get along well and in the current circumstances all the other 5 members of governing body are supporting the secy. So in numbers game, it has become 6:1. In one mtg of the governing body, they agreed 6: 1 that president be removed even though it was not written in bylaws that president or any other office bearer can be removed by majority vote or can be removed at all before term.

How can the President seek an injunction as u have suggested? Whom should he approach? How long will it take for the injunction to be issued to the office? What happens after this is given? Can the president assume office till then? 

 

JANAK RAJ VATSA (ADVOCATE)     09 August 2012

yes the president should continue in the office. he should complain to the district registrar of societies against this issue.if he does not get redressal, then he should file a suit for injunction in the civil court restraining the effected office bearers to remove the president from the elected post.


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