dimple (prop) 04 July 2013
I am treasurer in a cooperative housing society. The chairman and his two supporting members have sent a notice of Special General Body Meeting to pass a No Confidence Motion. There has been no Show cause notice neither any intimation to the Dy. Registrar nor any charges.
what steps can I take to stop such violation of bye-laws?
Advocate Rohit (Advocate) 06 July 2013
As per Sec. 126 (b) of the model bye-laws "if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd member of the Committee and the motion of No confidence is passed by the 2/3rd members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer."
incase of violation of the rules by the committee members, you need to write to the chairman/secratary of the society to abide by the rules of the bye-laws and mark copy of the letter to the registrar of the society for their records. till then any resolution passed by the committee in contrast to the bye-laws shall not have any validity.
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
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