On 23rd January, 2011 Divya Bhaskar daily
published a notice issued by Gujarat State Co-operative Socieities Registrar as per the advice of Gujarat High court adivising all Co-operative Banks and Co-operative Socieities stop the deligation system to elect a committee for all registered Co-op.societies and banks in Gujarat. Also adviced in the notice to elect the committee members by the all members of the society.
I am a resident of Shree Haridham Co-operative Housing Socieity Limited vide
Registration No.12505 dtd. 12.04.1988 and holding all documents in the same name. The administration of the society is handling by the Dy.Registrar appointed Administrator since from its incorporation. The society could not organised a committee as its own except some Seva Samiti and all. This society consists 366 members.
On 06.04.2011 the members of the society received a notice issued by a new administrator Mr. K.I. Patel in which stating that he had appointed five members
as per his will. He stated in the notice that attached the nomination form but not attached any such nomination forms alongwith the notice. The very interesting thing noticed in above notice is that the Name of the Society shown as "Shree haridham Co-operative Housing Society Limited (Vibhag I) with a different registration number. While contacting the Adminstrator he informed me that the District Panchayat have the authority to make tributories to an existing society.
Most of the society members are holding the Share certificates, Allotment letter, Pocession letter issued by Shree Haridham Co-operative Housing Society Limited. Few Share certificates over stamped with a seal Vibhag I.
Though there was a legal notice issued by the Gujarat High Court whether the Adminstrator himself stated as authorized by Dy.Registrar of Co-operative Societies., as Election officer, have the authority to appoint a committee of 5 members i.e. delegation? The newly elected committee had not signed any Indemnity Bond as per the Co-operative Act and started to build an office in the Common Plot allotted to the residents. The society have NA and NOC from AUDA but unfortunate to say there is no Parking space, nor Common Plot, No play ground or any such amnetieis provided. there was a small piece of land provided as a common plot which encroached by AMC to prepare a Bore to sell the water to neighbouring societies. the same common plot had been
engaged by the newly elected committee. Please advice how an existing society can re register by adding Vibhag I and obtain a new registration number. All Share capital and all income during the tenure of the Adminstrator is of Shree Haridham Co-operative Housing Society. The Roads had been encroached by neighbouring societies and using as their own will and pleasure by laying down gutter lines accross the road. Whether an adminstrator can impeach the Gujarat High Court order?
Please give me a specific answer so that we can proceed with respective authorities to get our minimum facilities and safeguard the society from the peoples having vested interest. As per the Co-operative Act there must be 11 members including two female members for a society have 366 members in it.
Awaiting to hear from you soon with a legal advice and how and where we can contact for more guidelines.
Member of the society
with the supports of Permenant residents.