Query of Pankaj Pandey

I have gone thru with your website to understand procedure and rule to call SGM also have gone thru with Bylaws book but unable to understand. Seems my mental state to understand the wordings is low. Request your help on below points.

Our secretary has called SGM without informing to committee as he wants to remove chairman from his posts. He announced date of Committee meeting and SGM on same day only. Pls refer attached image.

Committee has no objection with it as even they want to remove chairman from his post as he is not allowing them to do anything wrong and against society. All bad people are removing him by showing their majority.

They appointed a temporary Chairman on the date of Committee meeting which is prior to SGM. Is it correct as per bylaws?

They are forcing chairman to give resign but he is not doing so. Hence they directly removed him from his post.

What can be done in both of the cases as major society members are not happy with their decision? They are doing things for their profits only. Our Chairman is genuine person as he holds the position with grace.

Request priority Sir (before SGM) as we will proceed further if anything can be done from our end. Is this SGM will be valid? Is this valid as they removed chairman in a committee meeting without any proper reason?

I C Naik

Response to Pankaj Pandey Suspension of Chairman & Notice of SGM by Secretary to pass audited accounts

ISSUES

1. Dismissal of Chairman by Secretary and appointment of a temporary one
2. Secretary convening special general body meeting
3. Adopting Accounts in special general body meeting

RELEVANT FACTS

1. MAA VAISNAVI Park Bldg A6/7 C H S was registered in Thane in 2013-14.
2. Its registered bye laws are as per 2014 Model (safe Assumption).
3. Majority Committee Members supported suspension of the Chairman
4. Majority members do not support Secretary’s actions.
5. Secretary’s Hand Notices in Hindi as under:
6. 12/09/2016 – Committee Meeting on 18/09/2016 (No Agenda)
7. 12/09/2016-calling special general body meeting on 25/09/2016
8. Audit of the Accounts of the Society
9. Electing Treasure

iii.     Remaining items of Agenda

1. 19/09/2016 –Communication to all residents about decisions of Committee in its meeting on 18/09/2016
2. Suspension of the Chairman Sri Girish Chandra Pandey on account of inevitable reasons
3. Appointment of Doctor Santosh Sinh as Temporary Chairman

iii.     Senior Advisor was also present.

ANALYSIS AND SUGGESTION

When Army does a coup” and takes over a country’s government it writes a new Constitution of that Country.

The Secretary of your housing society has managed a coup. Probably he is unaware of the existence of registered bye laws of the Society lying in some corner of the Society’s Office.

1. The Chairman Sri Girish Chandra Pandey is still holding the office of the Chairman as explained below:
2. Except for issuing Notice of the meeting of Committee of more than 3 clear days as required by the Bye Law No  133 two important requirements of this bye-law have been breached rendering the meeting of the Committee as illegal meeting and no business conducted there at is valid. The Chairman Sri Girish Chandra Pandey is still holding the office of the Chairman Just on that count.

Read these two flaws in the Notice in Bye Law No 133 as copied below

“133. The Secretary of the Society shall give 3 clear day’s notice of meetings of the Committee to all the Members of the Committee which shall state the date, time and place of the meeting and the business to be transacted there at, in consultation with the Chairman of the Society.”

2. For other reason why chairman is in office read Bye Law No 126 copied below:

126.(a) Every Committee, at its first meeting, after its election shall elect a Chairman, Secretary and Treasure from amongst the Members of the Committee.

(b). 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. Post of a temporary Chairman is illegal.
4. Because it is not provided in the bye-laws
5. When a Chairman elected as per bye-laws is holding the office no other person can be appointed Chairman as the Post is not vacant.

2. Special General body meeting is illegal and cannot transact the businesses listed in Agenda:
3. As per Bye Law No 96  “A Special General Body Meeting of the Society may be called at any time at the instance of the Chairman or by the decision of the majority of the Committee”
4. Secretary/Chairman Liable to disqualification for default under Section 75(4) of the MCS Act 1960 Read extract from Section 75
5. Every society shall, within  a period of four months after the close of the financial year, get its books of accounts audited and within six months after the close of financial year to transact its business as may be provided in this Act, call the annual general body meeting of its members
6. At every annual general body meeting of a society, the committee shall lay before the society,—
7. a statement showing the details of the loans, if any,
8. annual report of its activities;

iii.     plan for disposal of surplus;

1. (iv)            list of amendments of the by-laws of the society, if any;
2. declaration regarding date and conduct of its election audit report of the preceding financial year;
3. rectification report of earlier audit;

vii.     annual budget for next year;

viii.     any other information required by the Registrar in pursuance of any of the provisions of the Act and rules; and

1. such other business will be transacted as may be laid down in the by-laws and of which due notice has been given.
2. H is also breached Also Bye Law No 95 confirms the above, which
3. The Annual General Body Meeting of the Society shall be held on or before 30th September each year as provided under Section 75(1) of the Act.
4. In case of default in calling the Annual General Body Meeting as stipulated in bye-law 94(a) above, shall attract disqualification and action as provided under section 75(5) of the Act.