Ashok Shetty
I am owner of Flat No.5930 in Bldg. No.174, Anasuyasoot Cooperative Housing Society Ltd., Kannamwar Nagar, Vikhroli E, Mumbai 400083, Maharashtra staying with my family in this Society, for more than 30 years.
In the 35th AGM held on July 13, 2014 Secretary Mr. Vijay Chiplunkar charged several false, baseless allegations on me and my family. He presented many instances with half information and false information to the house. At the end of his more than one hour allegations, he asked house to expel me from the society. A resolution was passed to the effect that my expulsion from society be initiated after 6months. The said resolution was proposed by a member Mr. Satyawan Kharade and Seconded by a Member Mr. Anilchandra Sawant.
At the outset, I wish to say that there is no single complaint against me or my family members in the last 30years. Till date I have been very prompt in payment to the society. Till date I have not deceived the society with any false information.
Prior to the 35th AGM, there was no discussion from Society with me on topic of expulsion. There is no mention of topic relating to discussion on expelling me from the society in the Agenda of the 35th AGM.
I was not allowed to speak my stand and defend my case on the false and baseless allegations charged by them on me. I feel that the said resolution passed is illegal.
Recently I had asked Secretary and Chairman to quash the said resolution as it was illegal at the first stance and secondly that 6months time have also passed to which they say that they had no intention to expel me and in the AGM and had just discussed the topic with the intention to give me notice to mend my behaviour and since even after 6 months they have not initiated any action against me THERE IS NO NEED FOR THEM TO CANCEL THE SAID RESOLUTION.
I wish to say here that the Secretary and Chairman and the committee members are violating several bye laws, fail on performing in their duties, functions and responsibilities, willfully disobeying Registrar instruction to which I strongly oppose them. This is mainly the reason for them to malign me and my family character and thereby threatening me with discussion on expulsion.
Please guide me if Society has the power to discuss on expulsion in the AGM, without notice. Also if the Society has the power to cancel the resolution passed in AGM , now that 6months have lapsed.
The main reason for me to insist to quash this resolution is that this illegal resolution was passed by leveling many baseless and false allegations which is acting as stigma on my and my family character.
Please inform me what course of action I can take legally if Society do not agree to quashing the resolution. Sir, your valuable guidance will be highly appreciated.
I C Naik
First of all the Resolution you are talking about has zero value as it has not been passed as per procedure laid down in the Act Rules and Bye laws.
If you feel strongly about it, there is a legal course Expensive and moderately expensive.
The Second one is file petition in the Cooperative Court with a prayer to direct the Society to expunge the Resolution because it was passed in breach of Provisions of MCS Act 1960 MCR 1961 and Bye laws. Before Going to Court you have to give two months notice to Dy Registrar of your Municipal Ward giving full details as to why you are going to Cooperative Court. Dy Registrar may prevail on the Chairman Secretary to accede to your request. If you do not hear from DR after two months file a petition.
The Other one is file a defamation suit in lower court after giving Notice through a lawyer.