Datta T Redekar
I am from Thane – Maharashtra State.
We came to know that the Chairman of Society is a nominal member whose name do not appear on the share certificate and in our society he is dictating his terms and condition on all members. Secretary and Treasurer also favors him.
Being a Nominal Members he is not supposed to have voting right and cannot represent the Office Bearer and need your opinion that how should we expel him from the Managing Committee.
I C Naik
This is a serious case of fraud on members by misrepresentation as a person eligible to become Member of a Managing Committee of a CHS when he knows that he is not.
Chairman is guilty of PERSONATION which is an act of personating that is to say “to impersonate somebody in order to deceive or defraud”
Indian Penal Code has two Sections concerning this as reproduced below:
416.Cheating by impersonation
A person is said to “cheat by impersonation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.
419.Punishment for cheating by personating
Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
ACTION
Members can file FIR against a Chairman for Cheating by personation and the Secretary and Treasurer for abetment.
IPC 107. Abetment of a thing
A person abets the doing of a thing, who –
First- Instigates any person to do that thing; or
Secondly- Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
Thirdly- Intentionally aids, by any act or illegal omission, the doing of that thing.
Dictionary meaning of Abetment means “to assist somebody to do something, especially something illegal”
Send Copy of FIR to the Dy Registrar of your WARD. All three are liable to be expelled from the membership pf the Society.