C M Saldanha
I have been reading your views and advices to queries.
Our Society MC term expired 8th August 2013. Owing to constant changes following 97th constitutional amendment and uncertainty over how elections can be conducted around Dec 2014, the following doubts have arisen in members minds.
Can MC being legally out of office and in strict titular (nominal with no powers) or caretaker position conduct AGM for accounting year 2012-2013, at this point in time. Members have sought audited accounts as at that date which should have been provided under simple cover letter pending new MC conducting AGM post elections. 2013-2014 accounts are also due.
Society is already controversy ridden with Chairman running several business in name of society in contravention of MCS Act and model bye-laws. Business as appointing himself Manager and as cheque signatory collecting salary of about 12,000-, running and benefiting from security agency, appointing favoured contractor to undertake buildings repairs besides being involved as real estate broker in leave and license and property transfer all in violation of rules and regulations. No bye-laws have ever been amended.
Other activities involved in by said person are too lengthy and embarrassing to narrate.
Said person has now written to Dy Registrar to conduct AGM knowing fully well that only new incoming MC can do so. Acknowledgment showing 20- stamp fee being displayed on notice board.
Your kind opinion will be much appreciated.
I C Naik
These questions can be answered only if following information are supplied
Name of the State and year.in which it is registered
Class of the Society- Housing or any other
Answers are attempted with assumptions provided there is enough information to make fairly accurate assumptions.