Vinit B. Kacheria
I am a residing at Parag Apartments CHS Located at 27 Peddar roads, Mumbai -400026.
The committee of my society was elected before 6th September 2012 and some of the Committee members have not signed the M-20 BOND till date as per the bye-laws of CHS. Please clarify me are they eligible to hold the office of the society?
I C Naik
Prior to abolition of M 20 Bond requirement, the correct legal position was that after 45 days of assuming office for not executing the M20 Bond a member ceased to be a Committee Member with no formal action whatsoever. If Registrar’s office was vigilant the Society would have received a communication about the casual vacancy.
Bombay High Court repeatedly stressed that filing M-20 Bond within the time limit WAS “MANDATORY, NOT DIRECTORY”.
(i)Gulab Khote Vs. State of Maharashtra: http://tinyurl.com/BBayHC-M-20-not-UltraVires on 27 November, 2007
(ii) Shashikant Jesrani Vs. Assistant Registrar: http://tinyurl.com/BombayHC2009-M20-Bond 27TH JANUARY, 2009.
Is a General Body resolution passed with a majority of 8 to 2 binding on the dissenting members? Can the same issue be revisited by the General Body within six months