We had registered the by-laws governing our apartments/society in feb 2014.Our agm was conducted on 6th april 2013 in which byelaws were amended and approved by the general body and elections happened on the same day .Within that week or so President,Secretary were elected.This President has his term from april 2013 till now and that Secretary resigned this august 2014.But wen the documents were registered in FEb 2014 some clauses of byelaws were edited in his President's favor and most suprisingly someone has signed in the place of Secretary.The document was recently uploaded in apnacomplex and mails sent and we had noticed this.When questioned abt this forgery the President does not respond to our mails and very indifferent.what can be done to get him out of our committee.he is still interested in continuing.
Asked 3 years ago in Criminal Law from Chennai, Tamil Nadu
conduct a meeting for ousting the president by following the procedure in your bye laws on grounds of forgery. also get an FIR lodged against him in the matter.
Call for an Special AGM and ask explanation to the President about the byelaws. Amendment without the consent of the members and the false signature.
2. The secretary should file an FIR for forging the signatures
3 The special AGM can vote out the president and elect new
Forgery is a serious offence as a result of which many crimes are occured.
In this case since cognisable offence is disclosed a complaint against forgery and criminal impersonation can be lodged against the offenders.
a. Lodge a Criminal Complainant against the President for forgery signature. It is a very serious offence.
b. Conduct a meeting and dissolve the board.
the criminal complaint/police complaint may be filed on the ground of forged signature against the person who signed the forged signature.
Advocate, New Delhi
1. First of all arrange to convey a special general meeting clearly seeting the agenda on the instant subject bringing no confidence motion, fresh election, selection of ad-hoc office bearers and taking criminal action for the dsaid forgery ,
2. Act as per the resolution passed/decision taken by the members of the society.
1. Convey a special AGM for a no confidence motion against the President and fresh election for the said post. Also pass a resolution for filing a criminal complaint for forgery.
2. Once the resolution is passed file a complaint for forgery.
you as a member of the society file FIR under section 419/420/467/468 IPC and initiate criminal proceeding. collect all evidence and take print out of that mail. you should try to consult with other members and fight against him jointly. It'll be tough task for you to pass no confidence motion against him because some members are assisting him in this act. so initiate criminal case and file a civil suit for declaration of current election void.