As a member of a SOCIETY, can legal action be taken if the office-bearers violate the by-laws?
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 Only a day was provided for campaigning after the day , when nominations could be withdrawn.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?
Asked 4 years ago in Civil Law
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.
Asked 4 years ago