Query of Naishadh H Mankad

I am Naishadh Mankad member of Deep Sagar Bank of Baroda Emp. CHS Ltd. , N.S.Phadke Road, Andheri East, Mumbai 400069.

Registration No. of our Society is —BOM/HSG/3801/1972.

I have gone through your replies to various queries raised by members of other societies and found the same to be very informative.

My query is as under:

  1. Our Society has total 50 members out of which there are 2 members who are very demanding and always on a fault finding mission with the managing committee. They have support of only 3 / 4 other gullible members whom they manage to misguide and convince to support them by giving them false information and telling them half truth.They themselves are never willing to join the managing committee. Both of them are retired and have ample free time to pursue their activity of harassing the managing committee. They keep on filing frivolous complaints against the managing committee members and keep on getting orders from Dy. Registrar against the Mg. Committee on Technical / Procedural grounds by exploiting various provisions of the M.S. C. Act, Rules and Bye Laws,

There is also one case pending in High Court of Bombay against members of one of the past  Mg. Committees of the Society where in the 2 members have wrongfully made various allegations of procedural violations and misappropriation of funds (purely due to procedural lapses)

  1. Due to one of the complaints lodged by them the duly elected managing committee of our society was debarred by the Dy. Registrar for 5 years for not appointing the Auditor of the Society within stipulated time. The entire process of appointment of Auditor was sabotaged by the Scheming 2 Members. Subsequently the Auditor was appointed but the Dy. Registrar did not take a lenient view and debarred the elected managing committee on that ground. Our revision application to Jt. Registrar was also rejected. We filed second revision appeal to the Hon Minister of Cooperation who ruled in favour of the Mg. Committee. However the 2 members approached the Hon. High Court of Bombay by way of writ petition that a Second Revision is not allowed and the Hon. High Court ruled in their favour on that ground without going in to the merit of the case. I was one of the members of the debarred managing committee.
  1. Accordingly the elected Mg. Committee was debarred for 5 years and administrator was appointed by the Dy. Registrar on or about Jan 2018.
  1. The administrator managed the affairs of the Society  for about 2 months and then called for elections to the Mg. Committee in March, 2018. However due to the fear of harassment of the 2 demanding members no one came forward to contest the elections.
  1. The Administrator once again called for elections in this Month i.e. July 2018 and once again no one came forward to contest the elections. The debarred managing committee were willing to contest but obviously they were not allowed to contest the election because of the order of the Dy. Registrar debarring them for 5  years.
  1. The Administrator has informed us that he will submit his report to the Dy. Registrar that no member is willing to join the Mg. Committee and the Dy. Registrar will take necessary action in  the matter.
  1. The Administrator informed that the Dy. Registrar may de-register/dissolve the Society and Cancel Registration of  the Society and in that case all the assets of the Society will be handed over to the liquidator and all the rights of the members of the Society will be withdrawn.

(The length of query has been edited due to shortage of space)

I C Naik

It’s a classic case of illiteracy in cooperative laws and foolish vindictiveness. What you can do:

Talk to a neighbouring housing society and ask their Committee if they are ready to amalgamate your society with theirs. If your neighbouring society is very large then existence of 5 members and in that two notorious members may have no impact.

No need to write to the Registrar that no one is willing to join the Committee. In fact the disqualified members should make an application to the Registrar that in elections no members come forward to take management responsibility but you people are willing provided their disqualification is commuted and their right to contest election is restored.

If that happens immediately call a Special General Body Meeting and expel the notorious members from the society.

My sympathies are with those who are willing to take responsibilties. Need be contact me again by mail.

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