Mehul Dani
Dear Mr. Naik,
(1) If the chairman of the coop housing society has not been clearing his dues for many years, if he has dues as on 31st march2014, then is he disqualified to contest again as chairman and managing committee member at the next AGM for 2014-15?
If he has cleared dues after 31st march2014 and before the next AGM for 2014-15, what is the legal position for his eligibility to contest as chairman? On the date of AGM, must he have cleared all his dues or not? If some members still allows him to be chairman, what is the legal remedy to stop him functioning as chairman?
Under which bye laws or rules this can be done? If a majority voting is cited by any defaulter member to have been eligible to be a member of the managing committee, is it legally binding on the society to accept such voting or this can be challenged? Can one general member challenge such a decision of the majority? Is not it a fundamental right of the society and a general member to have a defaulter-free managing committee? Please guide how to challenge such voting results.
(2) For how many years, a member can be continuously elected in managing committee? Is there any cap or bar?
Please advise urgently, if possible today, sorry for giving you very short notice ( I tried your mobile number earlier this week but I couldn’t establish contact, it seems number ( mentioned on the website) is not functioning).
I C Naik
Bye-Law No 118 OF Model 1984 approved by the Commissioner and Registrar of Cooperative Societies reads as under:
(1) A person shall cease to be the member of the Committee, if ;
(a) he has incurred any of the disqualifications mentioned under the bye-law No. 117 or,
(b) he has failed to attend any three consecutive meetings of the Committee, without the leave or absence or,
(c) he has defaulted payment of any amount, mentioned in the bye-law No. 117(ii) for more then 60 days from the date on which it was due for payment.
(2) if a member of the Committee attracts any of the disqualifications under the bye-law No. 118 (1), the Committee shall record the fact in the minutes of its meeting and the Secretary of the society shall inform the member accordingly.’
The chairman has ceased to be a member of the Committee already as per Sub-Clause ( c ) of Clause (1) and the Committee ought to have recorded the fact in the minutes of its meeting and the Secretary of the society should have informed the member accordingly.’
Since the member of the Committee under clout is a Chairman he has not allowed it to happen. A few members should file a factual memorandum to the Dy Registrar of your Ward. If the number of members is more than 20% it will work faster. Even you alone can do so.