Dear Mr I.C. Naik
Regarding my expulsion by Salsette catholic society for using the RTI act etc I would like to state the following that the expulsion was brought about on me on frivolous grounds. The Managing committee members way back in 2006 wrote complains to the Secretary regarding growing coconuts on one of them, stalking another and assaulting another committee member , and threatening them.
There were all made up stories by the managing committee in a criminal conspiracy. If I had done such acts they should have made complaints to the police and not to the secretary. We have a plot holder type society which has 274 registered members at the date of expulsion 105 members attended and had voting cards that 54 voted for and 3 against so 3/4 majority was not obtained. The society claims that at the time of voting there were just 72 members which is untrue.
Secondly I am holding a share certificate jointly with 5 others so considered associate member without voting rights my brother whose name stands first on the share certificate is given the voting card and he is also a member of the managing committee. He has a long time enmity with me the share certificate is not divisible where in law does it states that an associate member can be expelled without expelling the main member and who is also part and parcel of the managing committee to bring about this expulsion on me.
The Deputy Registrar Kishor Mande had ten hearings and then he dismissed the society appeal. The society went into appeal before the div Joint registrar and the Joint registrar Mohammed Arif at Malhotra house passed following order:
The appeal is party allowed the order of the Dy Registrar is set aside and remand it back to Deputy registrar for fresh consideration.
I am fed up with this cooperative dept and I feel I should move the Bombay high court under writ petition on above mentioned grounds. Kindly advise; I am ready to pay for the good advise that u could give me.
I C Naik
Expulsion of an Associate member of a Cooperative housing society per se sounds quite odd because in Cooperative Society a Primary member is a dealing member for the Society management and Associates are totally at the mercy of the Primary Member. May be in your case Associate member also matters a great deal. It is therefore important to understand the significance of the cessation of Associate membership for the Society as also for the member concerned?
It is necessary to consider what benefits of membership are conferred on you under the registered bye laws of your housing society in terms provision under Section 24(2) namely “an associate member, may, subject to the provisions of sub-section (8) of section 27, have such privileges and rights and be subject to such liabilities of a member, as may be specified in the by-laws of the society.”
Approaching High Court is not easy and is also expensive and if loss of benefits is a relevant factor. Why the Society management opted for an extreme step as regards an Associate membership is also an important consideration. There are a few bye-laws which makes it obligatory for members to control their conduct with other members and in case any misconduct is viewed very serious (which can be upheld under judicial review ) ste like expulsion is understandable and sensible.
With the information you have supplied situation is not all that hostile to you and prima fascia Authorities are not sympathetic with the Society management. So please provide more facts to render you a meaningful advice. My advice is free to members of Cooperative Societies and so do not worry about costs.
I would also like to go through text of the orders of both the Authorities which have shown favours to you. In fact I am curious as to what has put you off with these two Authorities that is precisely what I want to understand.