Query from Mani

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?

  1. Character assassination of fellow committee members including office bearers
  2. Use of abusive language against women committee member
  3. Using Soc. Letter head and seal without knowledge of other office bearer or committee members
  4. 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.

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