I am a regular reader of your articles on indiancooperative.com. I have a question regarding Notice for AGM ….
If nothing is mentioned about quorum in the notice for AGM. In that case AGM is legally valid or not?
I C Naik
Quorum provisions are specified in registered bye-laws of the concerned housing society. In your case your society must have registered Model 2009 (as that was the latest available at that time).
“101 .The quorum for every general body meeting, of the Society shall be 2/3rds of the total numbers of members of the Society or 20, whichever is less.
- If within half an hour after the time appointed for the general body meeting of the Society, there is no quorum, the meeting, if convened upon the requisition of the members, shall be dissolved. In any other case, it shall be adjourned to a later hour on the same day and at the same place, as may have been specified in the notice,calling the general body meeting of the Society or to a subsequent date, not earlier than 7 days and not later than 30 daysand at such adjourned general body meeting, the business on the agenda of the original general body meeting shall be transacted, where whether there is a quorum or not.”
If Notice is silent about quorum and about the time at which adjourned meeting (for want of quorum) will start its business, irrespective of the Quorum, the meeting cannot start (i) till there a quorum or (ii) after the Chairman of the society declares meeting as abandoned.
There is nothing about how long members can wait for quorum to take place.