H U Laxmikant
I am a member of Cooperative housing society in Maharashtra. A notice is issued by the Dy Registrar of C ooperative housing societies regarding proposal submitted by society for expulsion under section 35 of MCS Act 1960.
Reasons mentioned are as under.
You have not attended meeting since last 10 years.
You are not in touch with society/you have not made any correspondence with society.
You have not paid the dues such as NA charges, membership charges (difference) etc
The facts are as under.
1) I have not received any notice/ show cause notice from society regarding expulsion from society.
2) Society has not given me any opportunity to represent my case in front of GB
3) I have not received any notice for payment of dues .
4) last three consecutive meetings called by society has been attended by me. During in that meeting also not a single member of managing committee has informed me about the expulsion of my membership
5) I had correspondence with societies for allotment of plot which I am waiting since last 17 years
6) I had made request to society to convey the pending dues if any, so that I can pay the same. but society has not intimated yet . But I have also approached to society office & got the remarks from society clerk that there are no dues, along with inward no & society stamp
7) society says that a notice is published in local news papers, but I don’t know when & in which paper the notice was published. Is it not mandetary to serve the notice individually.
8) The term of the managing committee is ended before March 2013. Extension is given to Committee,
9) but it was also directed by the commissioner not to take any policy/important decisions before the new body after election takes the charge in Feb 2013. The proposal was send by the society to Dy.Registar in Aug 2013
10) Can a Managing committee can forward the proposal of expulsion under above situations, when there is ban on taking the policy decisions.
Sir I had appeared for 3 hearing infront of Dy Reegsitar. I have again called on 13th Jan 2014 for attending the hearing for 4th time.
I request your kind advice in this regards, & further necessary steps in this regards,
I C Naik
Expulsion of a member of CHS is a very serious matter.
The procedure has been prescribed based on principles of natural justice. Section 35 of the MCS Act 1960 prescribes 3 important conditions:
i. By a resolution passed by a majority of not less than three-fourths of the members entitled to vote who are present at a general meeting held for the purpose.
ii. No resolution shall be valid, unless the member concerned is given opportunity of representing his case to the general body, and no resolution shall be effective unless it is approved by the Registrar.” since Committee has not followed above procedure Registrar’s order should be appealed against. Approach a HC Advocate as that may be necessary.
