If members are not allowed to vote complain to charity commissioner
2) seek court orders to direct trustees to permit the members to vote
3) don’t refund the membership fees
The recorded trustees of trust since inception did not filed any change report. Assistant Charity Commissioner under sectiion 41 A orderd the recorded trustees to hold the election. The recorded trustees are not allowing 800 members made in our tenure to vote and saying they are illegal members . What is now the status of said members and what about the membership fees collected from members ? Can we refund the same ?
What is the status of membership fees . Can we refund the fees?
If members are not allowed to vote complain to charity commissioner
2) seek court orders to direct trustees to permit the members to vote
3) don’t refund the membership fees
Under no circumstances should you refund the membership fees
I presume due process of law has been followed in admitting members
The members have paid the fees for membership with the belief that they are ,members hence they should fight against the trustees for this unjustified and illegal actions against the members legally.
You may consult a local lawyer and proceed legally as suggested
- If the recorded trustees did not filed a change report and there is an order from the Assistant Charity Commissioner to hold elections, it raises questions about the validity of the recorded trustees' claims.
- Further, the legitimacy of the 800 members made during your tenure may depend on the trust’s bylaws.
- Further, if the Assistant Charity Commissioner has ordered for election, then it clear that all eligible members have the right to vote.
- Further, if the recorded trustees claim that the 800 members are illegal, then they can take legal action .
- Further, as the membership of the 800 individuals is valid as per the order of Assistant Charity Commissioner under section 41A, then you may not need to refund the fees.