• No confidence against office bearers of a coop HSG society in Mumbai

Hello Adv Ajay, 
1. Our coop hsg society with 54 members located in Mumbai has not conducted elections for managing committee since last 7 years.
2. Books of accounts have not been finalized since last 3 years.
3. Managing Committee is now reduced to just 3 members other members have resigned.
4. Existing 3 members are Chairman (since last 9 years), Secretary(since last 8 years) & Treasurer (since last 7 years). These 3 refuse to leave or call for a agm but instead are threatening to take action against opposing members under municipal rule violation etc.
What are the options for other members of society. How this committee be handled.
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Committee has become defunct and Functus officio. Complain to registrar to immediately take charge on society, appointment commission and conduct elections 

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

File complaint against office bearers before registrar to appoint administrator for society as no audited accounts are prepared , no elections called for 

 

2) also issue legal notice to society to audit the accounts , call for AGM , fresh elections as provided in the bye laws 

3) you can also approach cooperative court for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
96846 Answers
7813 Consultations

If calling the AGM is due then continuation of MC without AGM is bad in law and without any force of law as well. 

Therefore lodge a complaint with Registrar and ask for suspension of present MC until fresh election is held or AGM is called for.  

In the meantime ignore the threat of MC. It's nothing but empty. 

Devajyoti Barman
Advocate, Kolkata
23204 Answers
512 Consultations

1. Violations of Municipal laws are different and action can be taken under BMC & MRTP laws "ONLY" by the Municipal authorities.  Society has no legal jurisdiction to take any action, except to make complaint to BMC about any violation inside Society.

2. On the Contrary, Chairman, Secretary & Treasurer can be disqualified from all posts of Mg.Committee (MC), for Five years, for the mentioned offences mentioned in your query.

https://chshelpforum.com/bye-laws

3. Society members can requisition an SGM and remove the MC, by following due procedures of law, by obtaining order from Coop. Registrar.

4. As it is Society MC has become defunct, more so specifically since MC quorum has fallen and new elections has become compulsory.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

All the aggrieved members should hire a good lawyer practising in Co-operative Society Law and lodge a complaint with Registrar of Co-operative Society to conduct enquiry against the  member of M.C. and MC be dismissed and an Administrator be appointed to look after the affairs of the Society.  

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

Please approach Dy. Registrar of your co operative Hsg Society having proper jurisdiction as per ward and file application for mis-management against all members of M C and office bearers with additional requests to appoint authorized officer to take charge of day to day affairs of the Society wherein Dy. Registrar has power to dismiss the Committee and office bearers of your Society with direction to investigate the illegal activities of office bearers of the Society. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You immediately file complaint with deputy registrar gorgeous appointment of administrator and expulsion of the said managing committee. Also pray for inquiry in the books of accounts

 

Prashant Nayak
Advocate, Mumbai
32444 Answers
200 Consultations

You members join together and submit a written complaint about the bad state of affairs of the association which is running without any election for the past seven years or more that too with only three office bearers and there is no proper rendition of accounts so fr for many years.

This would be an illegal act  of misappropriation of funds of embezzlement etc.

If the cooperative registrar is not taking any action to conduct the election and also to take over the association till then, then you can approach the cooperative court with a suit for injunction restraining the office bearers from functioning in their capacity for the reasons stated therein 

Consult a local lawyer and proceed legally by first issuing  legal notice to the current office bearers to conduct AGM and an election to the office bearers.

 

T Kalaiselvan
Advocate, Vellore
87047 Answers
2337 Consultations

- A HSG Society is a body that represents interest of people living in a community or a society and the association is responsible for managing day-to-day problems of the residents, organising events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.

As per law, Society is a voluntary organisation set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the society through a voice vote.

Further, since Society is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.

- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the society for the occasion.

- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant Society on a legitimate complaint.

- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the existed Society . 

- Further, a housing society can be dissolved also, if the Society fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.

- It can be dissolved by a) its members b) the Registrar c) the Court or d) the Government. 

- A number not less than three-fourths of the members of any society may determine that it shall be dissolved, then an Society can be also dissolved. 

Mohammed Shahzad
Advocate, Delhi
14447 Answers
221 Consultations

If the Committee of the Society fails to submit Audit Rectification Report to the Registrar and the Annual General Body Meeting, all the members of the Committee shall be deemed to have committed an Offence under section 146 of the Act and shall be liable for Penalty under section 147 of the Act. you can file complaint before Registrar Or  Co opertive court. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

All the members who feel aggrieved from managing committee of society can send a written complaint to assistant registrar coop societies for appointment of administrator and auditing the accounts of society till next elections of society.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

A complaint must be filed against them for usurping the posts for so long. Illegally occupying the office before the registrar.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

The society can be formed against ny casting vote.

Regards

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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