I am member of a society formed as per the Tamilnadu Societies Registration Act 1975. It is having its own by-laws. Last month there was election to the post of office-bearers and I had stood in the election. This was a surprise for the office-bearers of the last term , who were planning to continue in office. They resented my move as I was the only individual who came forward to stand in the elections. Before the elections , I had asked for the members list. This I found was not updated (what I got was a list made in 2014) and even the members register was not updated. Many life members had passed away and some had permanently shifted from the state. These statuses were clearly not recorded even in the members register. The office bearers had always given a bloated picture of the no of members. The Phone numbers too were not updated. Only a day was provided for campaigning after the day , when nominations could be withdrawn. The society office and the landphone installed therein was used by the office-bearers for their campaigning. On the election day there was intimidation and bit notices were distributed within the office where election was conducted in favour of the office-bearers. The election was followed by a General Body Meeting, and due to some urgent personal work , I had to leave the place and go outstation. I did so after informing the assembled members. I came to know over the phone that I did not win the election. On my return after three days I had requested in writing to see the members attendance register on the election day. As per the by-laws the members register could be accessed by any member. The office-bearers had flatly refused this right of mine. In addition they have not presented the annual budget for 2018-2019 and are going ahead with a celebration programme in the month of Sept 2018. For the past fifteen years this is the pattern followed and each successive office-committee will spend almost 75% of the amount collected, on celebrations, with very little amount spent on welfare measures of the members. I had stood in the election to oppose this pattern. My argument is to prepare a budget for the coming year and follow the same , so that it will provide a guide line or frame work for the planned activities of the society. As per a by-law, for any spending in excess of Rs.10,000/- the approval has to be taken in the General Body. But in the GB held last month on election day this approval had not been taken.(which was the precedent and which I had been urging the office bearers to change). Since the office-bearers are running the society in this manner by violating the various provisions of the by-laws and provisions of TSRA 1975, as a member could I approach the court expressing my concerns and seeking removal of the present office-bearers who are disregarding and disrespecting the by-laws? Or can I get the court issue a directive to the run the society as per the by-laws?
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Lawyers are available now to answer your questions.
You can give complaint to Registrar of Societies having jurisdiction over your society. He will investigate the matter and give his decision. If you are aggrieved by his decision then you can approach co-operative Society court through its appellate jurisdiction.
Otherwise you can directly approach co-operative court through advocate who have knowledge of society laws.
Firslty, Sir, there has been a set of rules for running the society under the Spcieties Registration Act.
Secondly, the society may have some internal rules for sure for running it more efficiently, but that too should be approved by all the members in the GB meeting.
Thirdly, the violations which you have stated in your query is the violation of the centralised rules on Societies act.
Fourthly, you should challenge it before the Society by making an application for asking the Sxociety to adhere of the rules otherwise new members will be added.
Rest, I ll feel fortunate to help you further in future.
Yes, u can give a representation to the registrar of societies for necessary action, there after you can file writ petition for a direction to the registrar for implementation of the act
You can file complaint before cooperative court and seek action for removal of office bearers of society
2)take the plea that election have not been conducted in fair and transparent manner no updated list of voters prepared
3) members present and voting were not provided to members of society
4) that expenses have been incurred without approval of AGM , no audited accounts provided for
The solution for your problem lies with the registrar of societies if you have some like minded people you can submit your complaint to Registrar of societies regarding the functions of Management Committee to get the direction of registrarfor the day today functions of the society and schedule for general election and AGM you can also highlight the register of members to be completed along with their addresses and mobile number with email ids.
You have another option to file PIL in the High Court if you need a specific guidelines and direction from high court in this regard but depends if High Court accepts PIL
I have two aims (1) One is to get the members list who participated in the GB meeting and the subsequent election (to the only post (Gen.Sec) for which I had competed and failed) from the present office-bearers. This is as part of my right as a member. (2) Citing the violations of the bylaws ie. (a) not providing access to the records of the society (b) planning to conduct celebrations and other activities without presenting a budgetary proposal and getting it approved by the Gb; can I file a writ in the court challenging these violations by the office-bearers. . My MAIN AIM is to stop the celebrations to be held in the third week of Sept 2018, on which about 75-80% of the collections from the members is spent wastefully. From the above replies I am confused as to whom to approach for redressal. Whether to approach the Registrar of Societies or the Civil Court ? Can I get a writ stopping the celebrations and frivolous activities of the society, which is being run as a club ? Since I am an individual fighting a group with entrenched interests, I also wish to know the cost implications.
Writ in HC is not maintainable against housing society
Complain to registrar cooperative societies
If no action taken approach ccoperative court for necessary reliefs
1. File proper grievance petition before the registering authority and pray for full investigations in the affairs of the Society, relating to the misappropriation of funds and gross mismanagement of the Society.
2. The above is the cheapest way without going to the court which in turn will be expensive and time consuming. IF the inspection report specifies any misappropriation & mismanagement, THEN the registering authority shall dismiss and disqualify the existing committee members.
Keep Smiling .... Hemant Agarwal
The remedy under a Writ is available only against the State and not against individuals or private organizations. You may lodge a written complaint with the Registrar of Societies You may also file a civil suit at the proper court after issuing a legal notice..
If you suspect foul play in election and have evidence and also if you feel that all office bearers have flouted the rules, any embezzlement, misappropriation of funds, any malpractice, lack in administrative efforts, misconduct of the office bearers, not maintaining the official records intentionally and not giving proper reply to members etc., are some of the reasons for which you can approach registrar of societies if the association is a registered body or you can approach cooperative court for relief and remedy.
Fighting it alone as an individual may not fetch you the desired result.
You may to gather like minded people to support your good cause.
You may have to exhaust the remedy within by first writing to the association seeking the information desired.
Their reply refusing to furnish the information would be the cause of action for proceding further through court of law.