Khaniya Chemicals
The chairman in our society is very inactive and despite pleading from our side he is not doing any work in the society. Most of the member are unhappy. My question here is as follows :-
1) Can we remove him if the 3/4 member agrees to, without getting the registrar involved. If yes, how?
2) Also the accounts have not been maintained for last 2 year.
3) Can we stop paying our society dues and get the work done in the society.
I C Naik
Do not make a mistake of stopping maintenance payments.
The No Confidence Motion can be moved by Committee members against an Office Bearer. Members do not have a power to do so. Members do not elect Office bearers. Members elect members to form a management committee. So members must pass a resolution of loss of confidence in the Committee. This will not go through without litigation as presently MCS Act does not have the provision.
The Hon Supreme Court has upheld ouster of Amul’s Chairman by No-confidence motion passed by the Board although the Act does not give such power. The Court has also hinted in the order that it may be constitutional to unseat the whole committee by members if the Committee looses confidence of members. So you can try this.
