Referring further to the above housing complex Western Heights, request the learned advocates about your view on the following matters. 1. The Provisional Managing Committee, whose official term was over on 2nd August 2020, sent a provisional list of about 247 members (form E3), on 10th June 2020 to the O/O registrar along with form E2, as required for holding elections. However, the list was defective since there are over 370 sale deeds already and the list was grossly incomplete. There was a lot of hue and cry from members. The PMC also hasn’t issued share certificates to anyone. The question is how can a member list be prepared when there is no existence of share certificates? 2. In the above list of members, we noticed one of the PMC members name missing. One of the residents questioned the PMC about it. Within about 2 weeks of questioning, this member resigned and the resignation was reported by the PMC to the registrar. We were informed that the particular member was neither a primary nor a secondary member of any flat, and somehow managed to contest elections. The PMC was further questioned why they didn’t raise the alarm since 11 months, and how is it that they weren’t aware that one of their office bearers wasn’t even eligible to be a society member, even though his name was missing glaringly from the members’ list? A resident noticed his name missing and became the whistle blower, which forced this ineligible member to resign. Further, 2 persons must have nominated him. The PMC was asked to reveal their names, but they haven’t so far. The communication from the PMC to the O/O registrar has gone as if this was a ‘resignation’ in normal course, but resignation is possible only when one is an eligible member, while this case was a possible case of a fraud. Since, the member got elected with false documents, should this be reported as a wrong doing by the PMC to the registrar’s office as a case of forgery? What is the liability of the 2 nominees who must have nominated him? What is the liability of the PMC for concealing the fact of a possible fraud from the O/O the registrar? 3. In Feb 2020 we took certified copies of 13 minutes of meetings of PMC held between August 2019 to March 2020. We found in those minutes Chairman not signing any minutes (signed by the secretary only), minutes of 1 meeting missing, minutes of 2 meetings not having quorum (where many important decisions were taken), attendance register signed by 2-3 members but attended but 7-14, and 1 member signing attendance register thrice but not shown by the Secretary in the list of attendees in the minutes. In June 2020, some of the residents questioned the PMC about these discrepancies. PMC created the lost minutes (after having certified they were missing in March 2020), wherever quorum was missing, an additional attendee name was added and initialed, the 3 places where a member had signed the attendance register but wasn’t shown as having attended meeting
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1) all minutes of meeting has to be signed by chairman and secretary
2) further minimum quorum is necessary for all MC meetings
3) minutes of meeting has to be signed by all members present and voting
4) minutes have to be ratified in next meeting
5) only flat owners can be members of MC
6) if flat is standing in name of 2 flat owners second owner can be elected as committee member only after first member has given his consent in writing to permit him to stand for elections
You must report it to Dy Registrar of Society for mis-management of affairs of the Society by PMC .
Rest of the action would definitely be taken by the Dy.registrar after filing your complaint in writing expressly reporting illegal activities by PMC members.
Expenses over one Lakhs Approximately has to be approved by GB in SGM or AGM.
Its not clear whether the association is registered under Cooperative Societies Act or any Apartment ownership Act.
2. If its registered then its function is to be guided solely by the bye laws.
3. In case of its non compliance you can lodge complaint with the authority prescribed under the Act for redressed of the grievances.
This is a gross mismanagement, may be intentionally done with fraudulent intention.
As you have evidences for all these mismanagement and illegal activities, you may list them out chronologically and draft a neatly drawn complaint signed by majority members and submit it to the registrar with an acknowledgement.
If no action is taken by registrar concerned, you may escalate the matter through cooperative court for relief and remedy.
It's a good case for filing complaint with dy registrar against the said Illegallities.
You can file a complaint against the people involved in this.
1. all these discrepancies need to be communicated to the registrar for necessary directions
The Secretary of the society shall attend every meeting of the Committee and record its minutes and place the same for confirmation before the next meeting of the Committee, after the minutes are signed by the Secretary of the society and the Chairman of the meeting.
1. You can file a complaint before assistant registrar coop societies about this fraud done by managing committee and ineligible member. Then registrar will take appropriate action against managing committee.
2. You can send a complaint to assistant registrar coop societies about there problems and request him for appointment of administrator till elections of society is conducted.
- 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
- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.
- Since, the above mentioned submissions are against the rule, hence any members can lodge complaint before the Registrar, and can raise the said issues therein for lodging an FIR and dissolving the society.
