Query of Kishanlal Patwari

A special General body meeting of the abovementioned society was held on 3rd June 2017 to discuss 3 items. The notice to call the meeting was given on 31st May 2017.Thus only 3days’ clear notice was given as against the minimum 5days’ clear notice as required under by-law no.98.

Besides this, there are several violation of by-laws as explained below:

1) The SGBM was not conducted as per established norms.

2) There was Chairman present but he was not announced as Chairman to conduct the meeting. He was not unwilling to preside over the meeting

3) I raised several issues relating to the item in the agenda but the Hon. Secretary did not respond properly

4) When I was raising some points, another member interrupted me & suggested the Hon. Secretary to ignore my suggestion. The Hon. Secretary didn’t restrain that member not to interrupt me

5) As regards the appointment of Auditors I suggested that General Body has to fix remuneration of Auditors under bylaw no.150CThis suggestion was also ignored

6) Overall behaviour of the Hon. Secretary was rude & harsh

7) The Hon. secretary did not announce non-presence of Quorum but simply continued meeting after half an hour

Now therefore I request to know your valuable opinion whether I can complain to the registering authority &if so where

I C Naik

The managing committee members especially the office bearers devote significant private time for the work of the society. Many a times some members fail to appreciate this and at times they take a posture which creates tensions. More over sound knowledge of bye-laws is generally lacking what to talk of the working knowledge of M C S Act 1960 and the M C R 1961? For example you have a complaint that Auditor’s remuneration was not fixed in General Body Meeting though bye-laws so authorize. This bye-law is contrary to provision in the M C S Act 1960 which provides for fixing remuneration under the Rules to be framed by the State Government. This bye-law is illegal.

In General Body Meeting a member has one vote. So to do anything effective including taming a rude secretary enough members should gather that feeling and they have to pass suitable resolution condemning the Hon. Secretary. Even this will not be enough irregularities or breach of bye-laws have to be analyzed and a written complaint has to be submitted to the Dy. Registrar to look in to the irregularities and investigate conduct of the Hon. Secretary. So no easy answer is available to deal with such situations. You have garner support of at least 1/5th Number of Members of the society and submit a requisition to discuss the complaint against the Hon. Secretary.

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