Tenants are welcome to attend as well, but they may not vote on matters raised during the meeting.
Cooperative Group Housing Societies in Delhi (CGHS)
I have following three questions related to Cooperative Group Housing Society (CGHS) under Delhi Societies Act 1. Are tenants allowed to attend AGM of CGHS as a consumer? Are there any Court judgement for this ? 2. After 97th Constitutional Amendment, has Delhi Societies Act been amended in accordance with the amendment 3. Does 97th Constitutional amendment mean that By-laws of the Societies in Delhi Stand revised automatically or need be amended through voting in AGM Regards
Asked 6 years ago in Property Law
Religion: Hindu
9 Answers
By-laws of a society in Delhi states that a person cannot hold a post continuously for more than twice but the Secretary of the society has bypassed this clause and holding the office for the forth term. Can he be removed through RCS by filing a complaint to them or need to file a suit against the secretary?
Asked 6 years ago
1) tenants cannot attend AGM
2) there are no court judgments permitting tenants to attend AGM
3) society has to adopt model bye laws by passing resolution in AGM
Dear Sir,
Yes,Tenants are welcome to attend as well, but they may not vote on matters raised during the meeting. An attendance register must be kept.
1. Tenants have rights to attend the general body meeting even though they not be conferred with the rights of voting in the election.
2. 97th constitutional amendment introducing Chapter IX B in the Constitution submits that the importance of the co-operative movement has been recognized and a purposeful interpretation has to be given to the provisions of Section 41(5) read with Section 14(9) of „the Act‟ clause (a) of Section 41(5) of „the Act‟ may be a circumstance leading to a dissolution but clause (b) is a handle in the hands of the disgruntled members of the Managing Committee to be used the moment the functioning of the Committee is not to their liking and the reasons may again not be strictly in the interest of the Cooperative.
3. When Chapter IX was incorporated in the Constitution under the 97th Amendment it was with a laudable object of promoting the Co-operative movement and for its democratic functioning at the grass root level.
You may refer to Indrajeet Singh vs The State Of Bihar & Ors on 17 August, 2015, which will be more convincing to you on the subject matter.
A complaint can be lodged with the Registrar of cooperative societies in this regard.,
If he is not taking any action on the complaint then you may file an injunction suit against the secretary for his illegal activity of holding the post contradicting the provisions of the bye laws of the society.
1. No
2. Yes.
3. No it's revised automatically
1. The Secretary can be dismissed /disqualified, for violating the approved /registered bye-laws, BUT only by filing proper petition before the RCS, where it will be adjudicated by following due procedure of law.
2. All Cooperative Societies Acts (all india) had to be mandatorily amended, without any exceptions, by State territories and consequently the bye-laws had also to be amended in line with the amendments of the Cooperative Societies Acts.
3. ONLY "bonafide & registered" members derive right to attend their Societies general body meetings. Tenant is not Consumer of the Society & neither there is any privity of contract between the Tenant & Society. Bonafide member is a consumer of the Society. Tenant has a privity of contract with the Bonafide member, limited to usage of Flat premises and nothing else.
No, tenant can not permitted to attend meeting but only authorise representative of owner as proxy.
And complain to registrar to take charge of society and conduct fresh election or reelection for the post of secretary as Present office bearer is elected in violation of by laws.
No tenants are not members of society so they can't be allowed to attend AGM of society.
yes delhi society act has been amended in accordance with amendment no need to pass separate resolution for amendment in Bye laws.
