Rakesh Patel
In our society (Ahmedabad) there are 3 blocks(A,B,C). Chairman and secretary (of C block) signed on agreement despite objection of society members of A,and B blocks(Majority). Agreement is signed on behalf of society and only C block is using its licence fees.
Our concern is not rupees but health hazard (priority) and justice.
Tower is installed with the permission of municipal corporation.
What legal steps can we take against chairman/secretary for not taking consent in society general meeting?
Can we go legally against tower company to remove mobile tower (My point is in Agreement chairman/secretary signed without calling general meeting, hence can this agreement be invalidated)?
I request you to provide guideline earliest possible. I thank you very much in advance.
I C Naik
This is use of terrace which is the prerogative of members in the general body meeting to decide. The action of Chairman/Secretary is without authority. You can write to the tower company to remove mobile tower as it is installed under an agreement signed with no authority to do so and is void in law. You can write to the Registrar to disqualify Chirman/Secretary for breach of Bye Laws.
Rakesh is requested to share his experience further. Has this advice been useful and whether he could solve the problem. Such feed back will help improve our efforts to provide workable solutions.