• Breach of trust

Past vice president of a registered Association declares a election procedure on a what's app group of members . Before the dates of election procedure and elections he forma a what's group of elected body with the title body of 2108 to 2021 with him as the president and exactly the same persons are nominated on body in the elections where only 15 members out of 804 are present . Already creating a elected body on what's app before the elections , does not amounts to breach of trust and cheating with the members ?
Asked 5 years ago in Criminal Law
Religion: Sikh

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9 Answers

1) it is absolutely wrong on part of past VP to form what’s app group of so called elected members when elections have not been held 

 

2) it does amount to cheating as he has intentionally deceived other members that committee has already been elected for years 2018 to 2021 

 

3) no offence of criminal breach of trust is made out 

 

4) It has to be established that the accused has dishonestly put the property to his own use or to some unauthorized use

5) Dishonest intention to misappropriate is a crucial fact to be proved to bring home the charge of criminal breach of trust

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Sir file an application before the registrar the election officer shall be appointed and under who's supervision the election will take place, merely them nominating them self doesn't amount to anything till the time they are not in office and exercising powers.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir the body cannot proceed with the two members there has to be election and the body needs to be constituted.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Other 11 members would be cooopted till next AGM 

 

2) the AGM can decide about election of the 11 members to the committee 

 

3) the election to post  of President will also be held 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

It is for AGM to decide to continue with the compete members or elect new members 

 

2) since there is vacancy for 11 members elections would be held for 11 members 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

The procedure for conducting election to the association is given below:

 

The first general meeting of members of the apartment owners association elects the Managing Committee typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Elections of all the members of the Managing Committee shall be held once in two years. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge. Following is the procedure for the election of members of the Managing Committee.


  • Appointment of Election Officer: The Election Officer or Returning Officer would be elected in the Annual General Meeting one year before the Managing Committee gets dissolved. The election officer shall have the powers and responsibility to conduct the elections.


  • Publication of the list of members: It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.


  • Nomination from members: The Election Officer invites nomination for the Managing Committee from members of the association. If an association member is in arrears of maintenance or contribution to any common expense, he/she shall not be eligible to contest the election.


  • Scrutiny of Nominees: After receiving nomination from members of association, all nominations received are scrutinized and shall be placed in a sealed envelope and handover to the Election Officer by Secretary.


  • Election Program: Not less than 90 days before the expiry of the term of the existing Managing Committee shall the said Committee prepare the election program. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting. The Election program shall formally be notified by the Election Officer.


  • Date of voting: Date, time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot, as the case may be. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting.time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot as the case may be. The Election Officer will draw program accordingly so that his report including election results can be placed before the Annual General Meeting.

If there is any violation of the rules in this regard, the members can make a complaint to the registrar of cooperative societies or even file a an injunciton suit to stall the proceeidngs of the election or stay the operations of the committee.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

When it comes to the elections within the Co-operative Housing Societies, the importance of Bye-laws has always been pivotal in nature.

In 2013, the state government had amended the Maharashtra Cooperative Societies Act, 1960 and had introduced a new election procedure for cooperative housing societies. As per the amended provisions of section 73 CB (1), the elections had to be conducted under supervision of the State Cooperative Election Authority. 

 

You may go through the new rules and the bye laws therein to pursue the matter.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

The acts of the vice president is contrary to the existing rules and not valid, he has to follow the procedures as laid down for conducting the elections 

The matter can be referred to the registrar of cooperative societies and proper relief may be sought against this unjustified acts of the vice president.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Elections will be held for all the posts and not just for other posts excluding the two posts already held.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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