CA Vidya
Ours is a Housing Society having 168 members (of Dombivli, Maharashtra). Our MC had conducted AGM without giving 14 days clear notice. The accounts circulated were having errors and also it is signed by the auditor having C Category in the panel. Our members rejected the audit saying they need B Category Auditor. Nothing else was discussed in the meeting. Can we treat this AGM as invalid as no other business transacted and even AGM was not adjourned.
AGM of 2014, they presented annual accounts having many errors and did not adopt it in AGM and even not done rectification after 1 year.
They are doing continuous default such as non issue of share certificate, not showing books of account if demanded. No audit done properly as the signature on audit report was of 15.9.2015. Wrong audit done.
Can we apply for disqualification of committee on the ground that they have not adopted the annual accounts consistently for two years and not showing even books of accounts.
I C Naik
YES The responsible committee member will be dismissed and Registrar will take necessary steps. Such committee member may be debarred from becoming committee member for next 5 years.
