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Suhita Mukherjee   20 February 2022

Resolutionn of housing cooperative

Ours is a flat of 40 flat owners registered under West Bengal Coperative Society Act. Now Aniual General Meeting held after giving notice 21 days before the meeting but often quorum is not filled. So on next Week on the same day meeting held resolutions passed irrespective of attendance. Can this meeting is valid. As various important decision s viz Special Donnation of quite high is levied. How it could be legally fought


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Sharmishta P Raj (nil)     21 February 2022

The West Bengal Co-operative Societies Act, 1983 consolidates and reforms West Bengal's co-operative society legislation. Section 90 of the West Bengal Cooperative Societies Act, 2006, talks about a housing Co-operative Society's annual general meeting, which states: A quorum for a general meeting is one-fifth of the total number of members in good standing at the time the meeting is called. It further says that a quorum for a meeting of the Managing Committee is one-third of the total number of committee members on the date the notice for the meeting is issued. If a quorum is not attending within half an hour of the meeting time, the meeting shall be dissolved; otherwise, it shall be adjourned to the same day the following week at the same time and place, and if a quorum is not present within half an hour of the next meeting time, the members present then shall constitute a quorum. Another scenario is if a quorum is not present at any time during the meeting, the meeting shall be suspended by the chairman and shifted to such a convenient place, time, and date as he thinks fit, and the business to be transacted at this meeting shall be disposed of in the usual way at the recessed panel, and the members present at such adjourned meeting shall be a quorum.
To answer your question specifically, the respective meeting is valid because it was continued in the second meeting due to the quorum not being filled in the previous one, and because the quorum was not served even the second time, the current members in the second meeting become the quorum.
I hope this helps you.
Thank you!


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