A copy of the MC MEETING MINUTES of 18 Jun 2016 is enclosed where No. 10 resolution has been passed of my stepping down.for your information.
FROM
SYDNEY ROY, EXPERT DIRECTOR, C2,DEVI INDRAANI CHS, TALWADE, PUNE, 411062
TO
ALL ADDRESSEES
CONCERN/CLARIFICATION
Sir/Madam,
REFER TO MY E MAIL ATTACHED,
COPY OF MINUTES OF MEETING HELD ON 18-6-2016 IS ENCLOSED FOR READY REFERENCE AND PERUSAL.PLEASE.
Regards
Sydney Roy,
Cell: +91-9423562153
Pune,MH.
On Friday, June 24, 2016 10:22 AM, Sydney Roy <roysydney45@yahoo.com> wrote:
FROM
EXPERT DIRECTOR, SYDNEY ROY, MOB NO. 9423562153
C2,DEVI INDRAYANI ABCGH BLDG, CHS, TALWADE, PUNE, 411062
CONCERN/CLARIFICATION ABOUT THE COMMITTEE MEETING HELD ON 18 JUN 2016 AT 7.30 PM
(REGN NO. PNA/PN(3)/HSG/TC/10427/2010 dt 6 May 2010)
Dear Secretary,
1.Following members were present in the meeting held on 18-6-2016 at 7.30 PM
Chairman
b.Treasurer
c.Mr.V Joshi-committee member
Mr. Boobathy -do-
ONLY FOUR WERE PRESENT AND THE QUORUM IS NOT FULFILLED.
Committee has to answer for misrepresentation of passing resolutions contrary to Bye law NO 113/115. it is highly
objectionable to take signatures from those members who were not present in the meeting for attendance.
ABSENTEES – Committee members.
Secretary- Mrs. Vemuri Sambrajyam
Mr. Glenn C
Mr. A Jaltare
Mr. Mahesh Hegde
Mr. B Chorghade
Mr. Siddarth Raikkar
e Melvin Lobo – inducted as committee member in the meeting to fulfill the quorum violates Bye law No. 127/129
as no casual vacancy has arisen or as per Sec 73 CB and as per the instruction issued by State Co operative
Election authority (SCEA)as 10 members are already there, 3 are reserved for SC/ST/OBC
f.Sydney Roy-EXPERT DIRECTOR attended and recorded only 4 members were present.in attendance list.
2.Our composition of committee members are 13 for 140 members. and 3 are reserved; for SC/ST/OBC
and we have 10 members. Hence new members cannot be inducted since no body has resigned and a casual
vacancy has arisen. Refer Bye Law No. 127/129
.As per Resolution No. 10 passed society has made the post of Expert Director as vacant and he has stepped down with immediate effect
which is false(produce record)since Federation is rendering free advice,legal and bye laws which has to be clarified from higher authority such as Commissioner, Dist Dy Registrar and Dy Registrar, Pune 6. Have also to examine whether Federation has given any clarification in writing that society does not need EXPERT DIRECTORs and
approach Federation for day to day affairs for guidance.
4.We have 10 committee members and the required quorum is 7 Refer BYE LAW No. 113/115
5.Hence the quorum was not fulfilled and Resolutions passed is not as per Bye law NO. 125/127 and Rules becomes NULL AND VOID
6.Being Secretary you were not present in the meeting and you have signed the Minutes
You will be responsible for those papers which you have signed. or get the approval of Chairman who presided the meeting.
7.Minutes has to be singed by those who have drafted/presided the meeting or approval is required.
8.Did society get any ruling or guidance from Federation ? if so the copy
9.Hence you need not give any undertaking based on this
and even if you like to give please go ahead with your wish.and resolve the issue of getting the cheque for the Water tanker supplier
10.Copy of the minutes will be attached in due course of time
I C Naik
I received a similar question from another Cooperator on removal of Expert Director. I have replied to www.indiancooperative.com I am copying the same hereinafter.
Concept of “Expert Directors” is the invention of the Constitution of India vide the Constitution (97th Amendment ) Act 2011 (97CAA). Consequently the MCS Act 1960 empowers the management committees to co-opt maximum of two experts in addition to the strength of the management committee specified under bye-laws. In one of the post 97CAA judgments Hon. Supreme Court of India laid down a law which is effective inspite of no provision exists in any law for removal of Expert Directors.
The Apex Court was confronted with a short question namely
” 2. Whether in the absence of a specific provision on removal by no confidence in the Act, Rules or even Bye-laws of a Cooperative Society, the Chairperson/elected office bearer can be removed by a motion of no confidence, is the short but complex question.
The Apex Court answered this question in affirmative while laying down the law at Paragraph 53 of the judgment extracted below:
“53. The cooperative society registered under the Central or the State Act is bound to function as a democratic institution and conduct its affairs based on democratic principles. Democratic functioning on democratic principles is to be reflected in the respective Acts or Rules or Bye-laws both on the principle and procedure. If not, it is for the court to read the democratic principles into the Act or Rules or Bye-laws. If a procedure is prescribed in any Act or Rule or Bye-law regarding election of an office bearer by the Board, as defined under Article 243ZH(b) of the Constitution of India, and for removal thereof, by way of a motion of no confidence, the same procedure has to be followed. In case there is no express provision under the Act or Rules or Bye-laws for removal of an office bearer, such office bearer is liable to be removed in the event of loss of confidence by following the same procedure by which he was elected to office.”
Expert Director is co-opted by the management committee and as such he can as well be removed by it by a majority decision. He is not holding an elective posts so No Confidence Motion is also not necessary.
This is ofcourse my reading of the S C Order and applying it to the situation as there is no precedent of Judiciary saying so in so many words. Even if an Expert Director were to claim that he cannot be removed because there is no provision in bye-laws, his claim will fall flat because he has not been elected like other members of the Committee and that he is entitled to take recourse to bye-laws. He is not a party to the bye-laws which are contracts interse the members {Read Para 15 in the case of Zoroastrian Co-Operative Housing Society Limited Rd-Sc 253 (15 April 2005) [https://indiankanoon.org/doc/713373/ For detail judgment refer to: [http://www.scdecision.in/volume/42/494] the Supreme Court of India by the Bench of (ANIL R. DAVE) AND (KURIAN JOSEPH) JJ. dated March 19, 2015 [(2015) 42 SCD 494]