Upgrad LLM

removal of a member in regd society - alumni association


Dear Friends

We are a Regd Society - Alumni Association in Mumbai. I shall be grateful for your answers to a few queries:

(1) We wish to have Proportionate Representation (alumni of different streams) in Exec Comm. It is Not Reservation. Pre-defining such a composition during the election, does it violate any member's Fundamental Right for Equality (as per the Constitution of India) ? Since only 1 member is allowed from a certain stream, others from the same stream can not join Exec Comm.  

(2) If Exec Comm has removed a certain member with unanimous vote, can such a member be barred from contesting future elections? If this is adopted in MoA by Exec Comm, is it valid resolution? 

Thanks to all who find time to rspond to the above. regards 

kalpen 

 
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subregistrar/supdt.(retired)

Hope that your society registered  under Indian Societies Registrarion Act.  What are rules framed by the General Body at the time of formation of the society.  In General Body meeting which shall be conducted at least once a year as per rules of the Societies Registration Act, can amend the Rules & Regulations of the Byelaw if majority members (3/4th or 2/5th of General Body members) voted to amend certain rules. so as per this other member may elect as EC members within the same stream. No member can be removed unanimously.  Any member can be removed for certain reasons in EC election if the majority of general body(as said above) voted.  and any member can elect as EC for 2nd time also if the rules of the society permits.

 
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Thanks for your response. We are Registered. 

To amend the the Byelaw, we need majority members 2/5th of General Body members (attendees ?)  or 3/4th of what? kindly elaborate. We removed a Managing Committee Member with unanimous vote from the MC. 

what is the procedure to remove a member from Association Memebrship itself (for indiscipline)?  

Sincerely appreciate your time and attention. Regards 

 
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subregistrar/supdt.(retired)

Welcome ji.  To remove an EC member, it shall be with a majority of 2/5th or 2/3rd members of the General Body present in the meeting held for the purpose. But it shall not be unanimous.  The General body shall call for the meeting for proposal of an EC member.  and after gap of 30 days and in case urgent not less than 15 days, it shall be approved by the General Body with a majority members present.

And for any amendment of the byelaws also, it shall be with a majority of 2/5th or 2/3rd members of the General Body present in the meeting held for the purpose.

 
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