I am from the Navi Mumbai region & committee member of cooperative society.total we are 9 members in which 2 female members( myself & treasurer ) .
In Jan when survey for water were happening ….we found ( total 5 members, including secretary, treasurer ) 4 pressure pump with water tanks in his 3 BHK flat …next day when we try to find out if any problem due to pressure pump ,the Plumber who checked the connections were having doubt though it were pressure pump .As per him the connections were wrongly taken from main pipe so were affecting water supply to other flat members sudden sucking of water , no water to few Taps in other flats.
When I was trying to understand (being I am technical person too,an Engineer), Chairman(he is associate member) along with his wife started arguing & abused me . at this time 1 committee member(treasurer) and manager of our society( society employee), other flat owners were present .In fact he has threatened me ” Mar dalunga , kat dalunga” . I was very surprised to his behavior but before I could take any step his wife interrupted & asked Chairman to say sorry to me.
He said sorry to me………..but being the incidence happened while doing society related work I gave letter about his misbehavior to society’s secretary.
Apart from this incidence there are no. of incidence which cause problem in society like taking favour from security, sweeper to do his personal work if people refuse to do then threatening them. Whenever he requires as per his wish asking security to open water valves, breaking parking rules ,it’s not only he but his wife too does the same act ….once security person ran away when his wife threatened him & so many cases.
Seeing my letter he put his resignation in Feb from his Chairman post & as a committee member too ,stating reason being he is doctor cannot devote time, later he stopped his duties being Chairman..there were no reason to reject his resignation but few of the committee members are in his favour & asked him to continue till Mar end …..In April the day we were about to elect new chairman, this Chairman have taken his resignation letter back from secretary but xerox copy is in office as per secretary. ….. when as committee members( specially women members) when we stared following up with secretary for election of new chairmen we came to know this ….now scene is few committee members are not turning up or delaying so that again this person comes as Chairman. They are not allowing to committee meeting happening till this time.
My question is how to remove him? He did not performed his duties from the day he gave resignation till Apr.
Now it’s May & he wants to again come as Chairman? Still he can claim on chairman post?
Also many people are afraid of him hence do not wish to open or oppose him in front of him.
we ( myself , treasurer …we are lady) feel very much humiliated being so much unethical things happened still people are giving support to him( may be due to influence).
Pls advise what to do? How to stop this person from becoming Chairman? Can we get any help from register?
We do not wish society to get affected & our lives too.pls advise.
I C Naik
Dear Deepali
Cooperative management has slowly started shirking out from Mafia’s grip as I can see. There are many women members who are taking active interest. In fact in housing society for every 10 member there should be one woman member subject to maximum of 1 more than 50% of the strength of Managing Committee. May be in future…
Browse through registered bye-laws of your Society. Under Chapter“ II. RIGHTS OF MEMBERS” you will come across as Bye-Law No xxx reading as No associate member shall have any rights or privileges of a member except as provided under Section 27(2) of the Act.”
The Chairman has been elected member of the Committee despite Bye-Law No xxx above conferring only one power of participating in general body meeting where main member is not present as provided under Section 27(2) of the Act. The office must have a copy of the MCS Act 1960 in view of Section 32 of the MCS Act 1960 reading as under:
Section 32 – Rights of members to see books, etc.
(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.
Also look up Section 24(2) which permits cooperative societies to specify in their Bye-Laws what rights their main members can confer on Associates. Unless the aforesaid Bye-Law No xxx also adds membership of the Managing Committee, the Chairman is on the Committee even with the consent of the main member, it is in breach of Bye-Law No xxx which confers only one right under Section 27(2).
The Registrar is bound to unseat Associate from the Managing Committee.