I purchased a flat in Oct 2014.Soon after in June 2015 election Happened and i was the member who have got second highest vote.MC was working fine till the time we got know that secretory wants to do a fraud and we had caught red handed him and suspended him.Since i was the person to expose him, he is after me like anything.
He has given a written complain to comitte to remove me from comittee as am a second owner in the flat and have not completed 2 years in society hence i do not hold Eligibilty to be a comittee member.They Hold a meeting in preside of temporary secretory and dismissed me ( with out Ny prior permission or any acknowledge to Chairman as he was out of town ).
Note – Form 10A and NOC was not submitted during election as we did not know the procedure.Election office did not informed us about these procedure.There are two more comittee members who has third children after 7th Sept 2001.
What to do in this matter.? Can Chairman revoke dismissal ? What are the procedure and chairman rights to also suspend those people who are elected by crossing rules.?
Any guidance OR suggestion which can assist me in this regards.Please Help as i am targeted by fraud comittee members.
Note: state – Maharashtra.
I C Naik
1.As per your statement “Elections were held in June 2015.” I guess it was held under New regime of State Cooperative Election Authority (S C E A). This is very important, otherwise the Committee is illegal.
2.You said “Secretary was suspended.” Under what Provisions? You think Committee can do anything? If any person committed fraud, the Committee is not the judge. The society has to file FIR in nearest Police Station. Police will handle his case in competent court. The Court will decide if Secretary Committed fraud and impose the punishment. Look at the Bye-Law 125 (b) Model 2014 if your CHS has registered:
An officer (Chairman, Secretary, Treasurer has a tenure of 5 years and can cease to hold the office as provided under Bye-Law no. 125(2): The Officer of the Society shall hold office for the period of 5 years from the date on which he is elected to be the Chairman as the case may be the Secretary and Treasurer but not beyond the expiry of term of the Committee.
Provided that he shall cease to be the Officer, if the motion of No Confidence is moved in the special meeting of the Committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members of the Committee and the motion of No confidence is passed by the 2/3rd Members present at such meeting, who are entitled to vote at the election of such Chairman, Secretary or Treasurer.
3.So your Secretary is in in saddle. He has not lost his office.
4.Similarly the Committee ha no power to dismiss any member of the Committee. There is nothing like dismissal. The Managing Committee is not all that bog body to do anything. They have a role put down in Bye-Laws in clack and white. Look at the list at Bye-Law No 138 (2014 Model) and see if you find any power to dismiss any member.
5.Very amusing and sad statement you made is this: – “Form 10A and NOC was not submitted during election as we did not know the procedure.Election office did not informed us about these procedure.There are two more comittee members who has third children after 7th Sept 2001.”
Level of ignorance within S C E A is comparable to that amongst members and Managing Committees of CHS. You have become a committee member in violation of Bye-Law No 25 reading as :”No Associate Member shall have any rights or privileges of an active Member except as provided under Section 27(2) of the Act and he fulfills the conditions of bye-law 22(a)”
6.Section 27(2) provides for a voting power to Associate Member in general body meeting where the main member is absent. The Associate ha no right other than this.
So can you see the mess you are in?
What is your problem?
The Secretary is robbing the society which you want to stop. That is excellent objective. How you do it? You are a committee member. So is the Secretary. Dismissals have no legal backing. How do you prove Secretary is committing fraud? This is not easy. If you think he is inflating the Budgets and taking kickbacks, do not vote in favour of a proposal. Insist on recording your dissent and also inform the Registering Authority about it as provided under Section 73[1AB]reading as : “The members of the committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society.
Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members:
Provided further that, any member of the committee, who does not agree with any of the resolution or decision of the committee, may express his dissenting opinion which shall be recorded in the proceedings of the meeting and such member shall not be held responsible for the decision embodied in the said resolution or such acts or omissions committed by the committee of that society as per the said resolution. Such dissenting member, if he so desires, may also communicatein writing his dissenting note to the Registrar within seven fifteendays from the date of the said resolution or decision. Any member, who is not present for the meeting in which the business of the society is transacted, and who has not subsequently confirmed the proceedings of that meeting, such member shall also not be held responsible for any of the business transacted in that meeting of the society.
So have patience. Do not get worked up as in the long run your CHS will lose you.
