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Sayed Maqsood Ahmed   29 September 2023

resignation of our managing committee of housing society

dear learned advocates

due to pressures from our society members in majority our management committee of our housing society tendered their resignations.

what next steps for membets to initiate.

kindly advise us immediately

thanks in advance

Best regards


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     29 September 2023

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. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate  arrangement is made by the Registrar.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 September 2023

If the Committee of a Co-operative Housing Society in Mumbai wants to resign enbloc ( whatever may be reason, except a no-confidence motion passed at a duly convened General Meeting), they can inform the General Body at a duly convened meeting. The question of acceptance of the resignation by the General Meeting does not arise as the regnation is voluntary and unwilling members cannot be compelled to continue. The outgoing committee itself can fix a reasonable date upto which they will continue. Conduct of elections for a new committee shall be the responsibility of the outgoing committee as per section 73H. As it is voluntary resignation of the outgoing committee Section 73H can be followed. There is no use of going to the Registrar's Office. It is a lethargic body and no election will take place in the near future.

Sudhir Kumar, Advocate (Advocate)     30 September 2023

why you are not ale to have elections.


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