Query from Unknown
Let me directly put up the scene:
4 MC members of a Co-op Society in Pune were served a written notice for the payment of their respective arrears of the yearly subscription.
Since, the MC members did not pay the arrears, they were removed from being a member of the managing committee under a notice dated 04th September, 2018.
Now, the remaining members including the Chairman, Secretary, and the Treasurer have finalised the trial balance sheet and the Audit and have called for a AGM on 3oth September, 2018.
The Auditor has approved the Balance Sheet and Income & Expenditure giving “A” classification.
Query:
Can without existence of a completely functioning Management Committee and it’s report & consents, an audit be performed?
Can without existence of a completely functioning competent Management Committee, it’s report & consents, an AGM be called upon under Maharashtra Co-operative Societies Act 1960?
Is it not mandatory on the part of the “Chairman -in- Chair to intimate the stalemate condition / vacuum created in the Managing Committee to process further the filling up of the vacant seats prior to calling for an AGM?
I C Naik
Take action as per Sub-section (14 ) of Section 73CB which reads as under.
(14)The committee of every co-operative society shall, –
(a) inform the State Co-operative Election Authority about the expiry of its term of office at-least six months before the date of expiry of such term;
(b) inform any casual vacancy occurred in the committee or its office bearers, within fifteen days of the occurrence of such vacancy;