Dear Sir
Having seen your drive against corruption in various sectors, I feel emboldened to draw your attention towards corruption in the sector of cooperative housing societies which are under the administrators.
For various reasons if the governing body of a CHS does not function properly and after a thorough procedure by the deputy registrar of cooperative housing societies to solve their problems fail, an administrator is appointed to run that particular CHS.
The tenure of the administrator is limited and his main function is to set right all the wrongs in that society by taking all the members of that society with him and handover the society back to its members by conducting a free and fair election.
However, things don’t happen that way always. The society that i stay in, namely JATAYU SRISHTI COOPERATIVE HOUSING SOCIETY, SECTOR 5, SRISHTI COMPLEX, MIRA ROAD EAST,THANE 401107, is under the rule of administrator adv Shylaja Vijayan for 2 years now.
All the norms that she has to maintain are thrown out of the window and what we have is a high handed, arrogant and uncooperative administrator in our cooperative housing society. After several complaints made to the deputy registrar, Mr Chandel, and to the divisional registrar of cooperative housig societies, Belapur, by majority of the members of our society, both the competent authorities have directed her to conduct election and handover the society to its members.
She has been told not to carry out any major work in the society and carry out only routine administrative work till the time elections are held. However arrogantly, and showing little respect to the orders issued to her by higher authorities she has been carrying out major repairing of the terrace, which is opposed by 36 of the 48 members, including 10 of the 12 flats occupied by members of the top floor.
I have been running from pillar to post for getting things implemented as per the orders of the authorities. But even they seem to be helpless in this case. She is arrogantly challenging all authorities and dares anybody to take any action her.
Myself Mr Harish Trivedi, a resident of the above society and a Senior Citizen, have tried my best to get justice from all the authorities but without much success. All authorities give one or the other reasons for not being able to take any action against her, making me feel helpless.
I have already planned to go on hunger strike if things are not resolved soon. I request you to look into the matter and help me get justice.
Please also note that ours is not the only society to face such problems. This entire sector needs to be looked into.
Yours faithfully
Harishbhai Trivedi
Though the letter is intended for the Prime Minister Narendra Modi, our expert on the subject I C Naik has, meanwhile, this advice for Mr Harish Trivedi-Editor
IC Naik
The Indian Parliament was seized of an unmindful interference of the staff of the State establishment of the Commissioner for Cooperation and Registrar of Cooperative Societies in the management of housing societies through an office of the ADMINISTRATOR u/s . With a view to eradicate this menace, with effect from 14 2 2013 several amendments have been made to the M C S Act 1960. Section 78 which gave the power to the establishment to take over management of cooperative societies was replaced, taking away this power as regards housing societies.
In order to ensure that every society has a democratic autonomous management by the members elected under free and fair election process, the government establishment is now permitted as an exception a maximum of six months through an Authorized Officer u/s 77D (But Not an ADMINISTRATOR) to hold elections immediately and within 6 months of such take over. Incidentally the Department also takes over the routine management of the society to help handle free and fair elections. For appointment of ADMINISTRATOR as is the case in your housing society, Section
78 as amended w.e.f. 14 2 2013 puts a total ban as under:
“78 (i) If, in the opinion of the Registrar, the committee makes a persistent default in performance of its duties or is negligent in the performance of its duties or is otherwise not discharging its functions properly and diligently, or there is a stalemate in the constitution or functioning of the committee, occasioned by resignation, disqualification of members of committee or otherwise, the Registrar, after giving the committee an opportunity of showing cause, in writing, if any, within fifteen days from the date of receipt of notice and after giving reasonable opportunity of being heard and after consultation with the federal society to which the society is affiliated, comes to a conclusion that the charges mentioned in the notice primafacie exist, but are capable of being remedied with, he may by order,—
Provided that, nothing in this sub-section shall apply to a society, where there is no Government shareholding or loan or financial assistance in terms of any cash or kind or any guarantee by the Government :
As housing societies are not taking any financial help of the Government, in your housing society shylaja vijayan has been functioning from day one as the ADMINISTRATOR occupying the position and taking decisions of spending funds in an illegal manner without any authority of law and is liable to be prosecuted by the society under IPC for an act of impersonation as an ADMINISTRATOR of your Society. Take help of an advocate to file a criminal complaint against her in magistrate’s Court for running the affairs of your housing society with no authority to do so, as Proviso to Section 78 as afore said does not allow taking recourse to powers under Section 78in case of your housing society. Submitting facts and legak provisions ask for an injunction against her functioning and order investigation for monet laundering.
I am neither an advocate nor a Service Provider. At best I am an advisor who sympathizes with cooperators having problems to point out correct law position as I can discern to my best ability. The society may also have to approach the Bombay HC where a victory is a certainty. If you can yourself stand before Bombay HC and urge the H C it is now permissible. If you think you can do it I will draft a petition for you free.
