Defamation Case Against Chairman By the Secretary
Dear Sir/Madam,
I live in a Co operative Housing ltd at Badlapur Thane Maharashtra. Our society has been registered in Dec 2018 and the handover to the managing committee is done in Jan 21.
Till this managing committee has neither processed any of the society related documents like Bank accounts, Share certificate, Conveyance Etc. nor giving their resignation. Also they are collecting maintenance in Cash & has not given any accountability of the same till date. As per by laws of Maharashtra, 1961 this was a provisional committee with one year Tenure. Their tenure is finished, still they are not vacating their place.
So we as a general members conducted a general body meeting & complained regarding their irregularities to Dy. Registrar of our City & he had issued a show cause notice to this committee. Also we have been told from Dy. Registrar office that if you don't want this committee, then pass a no confidence motion with the help of committee members. We called upon a general meeting again & in that we have invited committee members as well. But only Chairman was present in that meeting. We conveyed him the message we got from the said office. He told us that he will ask other committee members & tell us accordingly regarding no confidence motion because ha had already resigned from the chairman post. Also Treasures has also resigned from his post. But there resignation were not valid because it were not conveyed further to Dy. Registrar office.
He asked other committee members & told us that they are ready to pass no confidence motion against Secretary because she was not resigning from her post. But as the hearing was declared by Dy. Registrar office with regards to our complaint, we have very less time So to avoid hearing they arranged a Special committee meeting. The Secretary was also invited in the meeting but she did not came & the meeting was presided by The chairman in absence of registrar & no confidence motion was passed on the above mentioned grounds & notary of the same has been done with signature of 2/3 committee members.
We have submitted this notary to Dy. Registrar office but it was not considered because it was not processed as per laws.
But a copy of this notary has been shared on society group & secretary came to know that a no confidence motion was passed against her. Then She Took the copy of No confidence motion from WhatsApp & asked registrar in hearing that such a motion was suggested by their office or not. But registrar denied. Then she filed a defamation case against the chairman online to the district court against the chairman who conveyed the special meeting in absence of registrar.
Also she started to threaten Chairman & other committee members how they signed it without her consent.
Now the question is, on this ground can she file defamatory case against the chairman & will it be hold valid by district court
Please give a proper answer as Chairman is unstable since his complaint don.