OUR SOCIETY HAS UNDERTAKEN REDEVELOPMENT AND FLOATED TENDER IN MAY 2012.
THE ELECTION OF MANAGING COMMITTEE IS DONE IN JULY 2011 FOR THREE YEARS.THE RETURNING OFFICER LETTER STATES THAT THE MANAGING COMMITTEE IS ELECTED FOR 3 YRS , UPTO AUG 2014.
THE TERM HAS EXPIRED ON AUG 2014.I HAVE COMPLAINED TO DY REGISTRAT THAT THEIR TERM HAS EXPIRED.
I HAVE BEEN INFORMED THAT THEY ARE GIVEN EXTENSION TO CONTINUE TILL DEC 2014 BY CO OP DEP.
ON 28 DEC 2014 THE MANAGING COMMITTEE APPROVED THE RE DEVELOPMENT AGREEMENT IN A HURRIEDLY MANNER BY CALLING SPECIAL GENERAL BODY MEETING.
THE RE DEVELOPMENT AGREEMENT IS REGISTERED ON AUG 2015 THE PLAN IS NOT YET APPROVED .I HAVE BEEN INFORMED BY SOCIETY OFFICE BEARER THAT THEY ARE GIVEN EXTENSION TILL JUNE 2015 TO CONTINUE.
NOW CAN THIS COMMITTEE EXECUTE REDEVELOPMENT AGREEMENT.
AS PER MY KNOWLEDGE AFTER EXPIRY DATE THEY ARE NOT SUPPOSED TO SIGN DEVELOPMENT AGREEMENT AS THEY CAN DO ONLY ROUTINE BUSINESS AND HOLD FRESH ELECTIONS.
IS THE RE DEVELOPMENT AGREEMENT EXECUTED IN JUNE 2015 IS VALID
FURTHER IN DEC 2015 THEY HAVE EXECUTED SUPPLEMENTARY DEVELOPMENT AGREEMENT WITH DEVELOPERS AND ALLOWED THE DEVELOPER TO CHANGE THE CONSTITUTION OF DEVELOPER FROM PVT LTD TO LLP, CHANGED VARIOUS TERMS OF MOU DETRIMENTAL TO INTERESTS OF RESIDENT MEMBERS., ALLOWED THE DEVELOPER TO ADMIT NEW PARTNER/S ETC. BY CONVENING SGBM IN NOV 2015. NON OF THE MEMBER TOOK OBJECTION AS MOST OF THE MEMBERS DO NOT UNDERSTAND THE MATTER AND CERTAIN MEMBERS KEEP SILENCE TO REMAIN IN THE GOOD BOOK OF SECRETARY
AN EARLY REPLY SHALL BE HIGHLY APPRECIATED.
I C Naik
Objection to any otherwise valid action of the Committee whether during extended term is not valid. Constitution of INDIA has now fixed the tenure of 5 years in all cooperative societies all over INDIA. Section 166(4) of MCS Act 1960 has allowed to continue in office even after completion of tenure indefinitely till a new Committee is elected by new cooperative election authority. It is wrongly described as a care taker Committee.