• Society Byelaws

What if one of the member of cooperative society s committee comprising of Secretary, Treasurer and Chairman, wants to resign on certain allegations. 

What can members of society want to dissolve the committee rather than accepting single resignation or want to oust one committee rather accepting resignation of one of member. 

What procedure or options should be applied.
Asked 2 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

6 Answers

You cannot oust the managing committee just because one of office bearers want to resign 

 

committee has been elected for period of 5 years 

 

unilateral resignation of one office bearers does not dissolve committee 

Ajay Sethi
Advocate, Mumbai
97515 Answers
7882 Consultations

the procedure for dissolving a committee of a cooperative society would vary depending on the specific rules and regulations outlined in the society's bylaws. Generally, the dissolution of the committee would require a majority vote of the members of the society. The members would also need to decide whether they want to accept a single resignation or oust one committee member. The decision should be based on the specific allegations against the committee member and the best interests of the society.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Dear client,  

If a member of the committee of a cooperative society wants to resign due to allegations, the other members of the society have a few options. They can either accept the resignation of the member or reject it and ask them to continue serving on the committee. If the allegations are serious, the members of the society may want to investigate the matter and take appropriate action. If they find that the allegations are true and that the committee member in question has violated the rules of the society, they may want to take disciplinary action against them. The disciplinary action could be in the form of a warning or suspension from the committee, depending on the severity of the violation.

If the members of the society want to dissolve the committee rather than accepting a single resignation, they can do so by calling a general meeting of the society and passing a resolution to dissolve the committee. The resolution must be passed by a two-thirds majority of the members present at the meeting. Once the committee is dissolved, the members of the society can elect a new committee.

If the members of the society want to oust a single committee member rather than accepting their resignation, they can do so by calling a general meeting of the society and passing a resolution to remove the committee member from their position. The resolution must be passed by a two-thirds majority of the members present at the meeting. Once the committee member is removed, the members of the society can elect a new member to the committee.

It is important to follow the rules and procedures set out in the bylaws of the cooperative society when dealing with such situations. The bylaws will provide guidance on how to call a general meeting, how to pass resolutions, and how to elect new committee members. It is also important to ensure that the process is transparent and fair to all members of the society.

 

 

Anik Miu
Advocate, Bangalore
10389 Answers
121 Consultations

One of the member of the committee is not the committee itself. 

If one of the committee members do not want to continue ther post and tenders resignation, the management committee can decide further course of action after accepting the resignation.

Any number not less than three-fifths of the members of any society may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities 

When a committee member resigns the newly appointed (or elected) committee member holds office only until the annual general meeting where all committee members are required to be elected. However, if the resignation of the member leaves the committee unable to form a quorum, the committee must call a general meeting.

T Kalaiselvan
Advocate, Vellore
87716 Answers
2355 Consultations

The single post can be filled without dissolving the entire MC

Prashant Nayak
Advocate, Mumbai
32875 Answers
209 Consultations

Bylaws of the society matter. Usually, there is a provision for accepting the resignation of an office-bearer by the committee and electing a new one in his/her place. In such a case, there is no need to dissolve the existing committee.

Swaminathan Neelakantan
Advocate, Coimbatore
2961 Answers
20 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer