I am a member in a co op hsg soc and I am also a committee member in the same society. We have submitted indemnity/m20 Bonds in the year 2009 alongwith the other committee members.But in 2010 i got to know that the husband of the Secretary of our society (who is not a member in our society but her wife is) is doing all the jobs of the Secretary I. E operating the bank account, issuing n.o.c to the members for availing loan on the society flats, issuing share certificates to the members, maintaining the society minutes record in short doing all the things that her wife (who is the actual secretary and who has submitted the indemnity/m20 bond) should be doing.
Thereafter I started complaining in the registrar’s office after that, but they dint take any action.
And now I had to move in the honourable court against them,
And we got an order passed from the court being ipc: 156/3 for investigation to the police station in my area,
This was done in June 2015,
After this I submitted many proofs against the secretary/chairman and they have made some fake resolutions and gave it to the police being that the secretary has made her husband the associate member,
But these illegal works done by the husband of the Secretary is been going on through 1995 before he was not even appointed as the associate member,
But still the police have not taken any action against them and they say that they are senior citizens,
Also these people have granted for anticipatory bail/interim bail, what should I do further sir ?????
Sir I want to know from you
1.Can he do all these works under the above circumstances?
2.Shouldn’t the registrar take action against them and pass an order under section 79 of the Co op societies for appointing an administrator?
The time period for the committee was of 5 years which got expired in 2014, but still there is no elections done,
Maybe they have submitted for the new elections to the registrar.
Can they again come in the committee and stand in the elections?
I C Naik:
Karan Singh Rajput though member of the managing committee of his CHS feels left out as the Office bearers do not seem to run the affairs as a collective responsibility of the Committee. Any wrong action can bring actions from authorities ordering payment of compensation to CHS for any damages caused to the society by the Office bearers. Though no evidence of CHS being run in an objectionable manner is found except that of a technical irregularity of a Secretary functioning through proxy. In that CHS may not be at a loss at all. If that is the case how serious is the Proxy Secretary? Does the Proxy Secretary carries out all functions signing himself everything – Paper Register,Document, Cheques- as a secretary? A possibility that actual signatures are done by the real Secretary the wife of proxy Secretary/ This information is very crucial to plan any legal action.
ASSOCIATE MEMBER IS NOT ELIGIBLE TO JOIN THE COMMITTEE AS PER ALL MODEL BYE lAWS
cooperative societies are to be run by members based on majority decisions and a member having jut one vote. So the enlightened membership has to keep a watch on committee and by a majority wrongs must be prevented.
There will be elections quite soon as the new Election Authority is taking time to complete elections strictly as required under the Constitution. The Act has given indefinite time to committees having completed its last term after 31 3 2013 till such time the SCEA holds the election.
Best thing at this stage is to start getting support of members in favour of a right thinking group which can be led by Rajput and fight elections against the present regime. They seem to be old anyway.