Could you kindly advise me if the Motion of No confidence can be initiated against an office bearer of the Society citing the following reasons / accusation and allegations though there was no breach / breaches of bye-laws of the Society, MCS Act 1960 and MCS Rules 1961?
- Character assassination of fellow committee members including office bearers
- Use of abusive language against women committee member
- Using Soc. Letter head and seal without knowledge of other office bearer or committee members
- Shirking of responsibilities
I look forward your kind suggestion and further information on which ground a motion of no confidence can be initiated against an office bearer of the cooperative housing society
I C Naik
Latest law on the question of No Confidence in office bearer is laid down by the Apex Court in its landmark judgment :[the Supreme Court of India by the Bench of (ANIL R. DAVE) AND (KURIAN JOSEPH) JJ. dated March 19, 2015 [(2015) 42 SCD 494]
Read full judgment …[http://www.scdecision.in/volume/42/494]
No grounds are necessary if a 2/3 majority lose confidence as the grounds are not subject t review by any other agency or Court.
