• Registered association

A association is registered with the charity commissioner for last 17 yrs . No change report or audit report is filed for the last 17 yrs . The vice president of newly elected body insists on first Legalising the association and committing all mandatory formalities with the charity commissioner first . The 11 members of 13 in lncluding the president resign stating that they are being pressurised by Vice president ,The Vice President and one executive member remains now as only 2 elected members . Will the vice President now in the absence of president will become a defacto president .what will be the status of the other elected executive member .and the status and powers of 2 remaining members .
The Constitution of the association says 

"Vacancies created by resignation or death of a executive member shall be filled by the executive committee till the next annual general meeting , such appointment may be confirmed or other member elected till the reamainig term of Executive committee ."

AND also states that 

All members may contest for any post in the executive committee of the association 

So how the 2 elected members may proceed now
Asked 5 years ago in Civil Law

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8 Answers

The VP and other executive committee member shall fillin the vacancies in the committee and the said members of committeee shall continue till next AGM 

 

2) the AGm can confirm appointed members or elect other members for remainder of  team 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

Yes they can fillin the posts of 11 resigned members who shall continue till next AGM 

Ajay Sethi
Advocate, Mumbai
94690 Answers
7527 Consultations

5.0 on 5.0

There should be an interim election for the rest of the vacant posts.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Dear Client,

Association already reduced to minimum no, of members to form association, hence society dissolved. Complain to registrar (three-fourths of the members) to take charge/dissolve the society.

And No change report or audit report is filed for the last 17 yrs, on this ground also, registrar will dissolve the society, if inform to him.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Two elected members cannot hold post of 11 members. you need to follow the constitution.you need to approach the charity commissioner for appropriate directions.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

No the two elected members can not fill the post of 1 resigned members but may definitely take decision in the interest of the society. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

The election to the office bearers of the association is common for all.

Al eligible members can contest the elections for any post of their choice.

If the other office bearers have reswigned their post, they may be required to continue in the same post till the next election or a decision can be taken in the meeting of the association for care tker arrangement of the association till the next election is completed.

The election to the office bearers is to be conducted as per procedures laid down in the law pertaining to the cooperative housing societies and bye laws therein under the supervisionn of an election officer or returning officer from the registrar's office.

Any violations in this regard may be reported to the registrar of cooperative societies and all the proceedings may be stalled till the decision about this is taken by the registrar of coopetrative societies.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Can the two elected members fill the post of 11 resigned members

No, refer to the bye laws in this regard.
The clauses in the bye laws would specify further course of action in this regard in the given circumstances.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

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