Query from Sharad Sabnis

Sharad Sabnis

Chairman of our chs has committed multiple mistakes in his 17 yrs long chairmanship so far.

These include issues like not conducting elections since 2010, even after his tenure expired in 2013, extended it by 2 yrs on his own, not submitted M-20 bond even if it was compulsory. On these issues even the then Secretary has resigned but the chairman refused to resign saying the GB is supporting him.

Also he never takes any WC member including Secretary in the confidence and takes all the decisions on his own Dy Registrar has given him direction to continue as caretaker recently, but still he has brought-up policy resolution which overlaps previous one which was cleared by GB unanimously, and now new one passed by 18 – 14 votes may bring society in financial liability.

This is clear contempt of Order issued by Dy Registrar, can we revoke the same by applying to Dy Registrar? Pl advice.

I C Naik

Registrar having given instructions to continue as a care taker chairman is not supported by any legal provision. The Committee tenure was extended till next elections vide Section 166(4)  of MCS Act 1960 as amended in 2013.

For irregularities in management and losses to Society (to be approved by Registrar ) are recoverable from the Office Bearer and Committee Members as provided under Section 73(1AB) of MCSAct. So please make a written representation to the Dy Registrar and hand over personally preferably by a group of members meeting him If the number in Group meeting him is more than 1/5 of the total members you have a sound case.

 

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