Service society


from 5 society committee members, 3 members of service society will resign then election of new committee is necessary or without any election they can fill-up a 3 vacant seat.??
 
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subregistrar/supdt.(retired)

A society requires at least 7 Executive Members to form the society under the Societies Registration Act.  Then 5 members?  If any post of executive members falls vacant for any reason, that post shall be filled by a special resolution passed by the 2/3rds of 3/5th majority of General Body.

 
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Lawyer

What is the type of "society"?

Vague and incomplete facts can not lead to form proper opinion and oblige.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
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Lawyer in Hyderabad.wats app no.9989324294

2) A general body meeting should be summoned to resolve the issue.
 

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Elections parameters depends on State Coop. Election Rules and clauses of Society Bye Laws.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

 
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Advocate

What is the material fact?

 
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Advocate

I agree with the opinion of expert Mr. Kavksatyanarayanan in this regard.

A  Society can be created by a minimum of 7 or more persons.

Minimum of seven people is required to form a society. And these societies are governed by the 'Societies Act, 1860'.

As per Bye Law No 128. Filling up Casual Vacancy on Committee 

The Committee may fill a casual vacancy on the Committee by nomination out of a same class of Active Members in respect of which the casual vacancy has arisen as per section 73 CB and as per the instruction issued by State Cooperative Election Authority.

Bye Law No 127(b) 

in case of emergency, the Committee may place a resolutions and get the same passed by the Committee Members, however the same be placed before the next subsequent meeting.

Bye Law No 131(d) Resignation of Office Bearers when to accept

The Committee may accept the resignation of the office of the Chairman/Secretary/Treasurer only after it is satisfied that the Chairman or as the case may be the Secretary or Treasurer of the Society has brought upto date the work entrusted to him and has produced the entire papers and property of the Society, in his possession, before the Committee.

Bye Law No 131(e) Resignation of the entire Committee

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 as provided under section 77 A of the Act. However the existing Committee shall continue to carry on with only routine functioning of the Society, till alternate arrangement is made by the Registrar

 
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