Satish Dhasal
An Managing Committee was formed by dissolving the earlier committee without an election and new managing committee was formed on 1stApril 2009 (as per minutes of the meeting) and submitted their respective the M-20 Indemnity Bond on 17th August 2009 mentioning that “we have assumed the office on 17-08-2009 and the bond was franked on 31st August 2009 thereafter the managing committee entered into an Redevelopment Agreement in the month of December 2009 in the year 2012 committee was dismissed under section 78 1(AB) by an order from Dy. Registrar and Administrator was appointed and still continued till date.
Now Developer has approached every member and getting individual agreement made as per his terms and conditions and forcing members to give their power of attorney in favour of dismissed committee members in order to enter into an supplementary agreement. In respect to the same an Resolution is also unanimously passed privately by the dismissed managing committee members that they have been authorized or chosen to act on behalf of the members. Is it valid if they get the resolution done on and indemnity bond and signed by the members when they have been dismissed and an administrator is incharge of society matter. Since the developer is not giving an bank guarantee we are reluctant to vacate our home. On the ground that there is no info available of the developer.
Even after committee being dismissed by Dy. Registrar of MHADA the dismissed committee has been able to use the funds of society in consent with the Administrator for some reason best known to them.
Can we file a Writ Petition in Mumbai High Court without going into Co-operative court or District Magistrate court in avoid to kill time.
What best action can be taken in order to STOP all this ?
I C Naik
Writ seems to be the best option as the Constitution ( 97th Amendment ) Act 2011 vide proviso to Article 243ZL (1) PROHIBITS CONTINUATION OF Administrator in unaided cooperative society :
Provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no Government shareholding or loan or financial assistance or any guarantee by the Government:
A similar proviso is added to Section 78(iii) by the Maharashtra Cooperative Societies (Amendment) Act 2013 in the M C S Act 1960 which prohibits continuation of Administrator. The Prayer should be ordering Election to the managing committee immediately as provide under Section 77A of the M C S Act 1960.
That’s the answer as per law. The scenario today is no elections are possible because the State Cooperative Election Authority in whom the Constitution of India and the M C S Act 1960 vests powers to hold elections has not become functional for the reason of the State not filling up the position of its Chief on account of impeding State Assembly Elections.
The State is supposed to support smooth working of cooperative societies but here the State Politics has taken every ting to ransom.
At least to stall the unwanted redevelopment project any member can easily get an injunction from the High Court since Redevelopment proposal has to be passed in the general body meeting with more than 80% opting for it. Stamp paper consent is illegal.
