Dear Sir, I am x chairman of our chs (2012-17). The new election was conducted illegally and without my signature. I didn't even resign but new body was formed. The new committee refused to sign on audit (done by govt auditor). I asked in written if new committee will give me acknowledgement sign for handing over office but no reply from new committee. Few months back they sent lawyer notice for office handover. I replied 'positively' and informed date,time,place to handover office by RPAD letter. The letter was NOT received by lawyer. I sent 2nd reminder by RPAD but again my letter was not received. After few days the layer sent another notice to me, but i was out station so i couldn't receive it. But after few days police came to my home and asked me to come to police station to meet their higher authorities regarding society office matter. In police station i told them that i have sent RPAD that i am ready to give office but it was never received by the lawyer. The police officer didn't listen to that and said if i don't give office in next 3 days then they will take it forcibly from our house. The police were mentioning asst registrar complaint letter on which they are taking action, but didn't show us any complaint letter. Before any action from asst.registrar there should be a warning letter, but which i have NEVER received from asst. registrar. Now, I am ready to give society office but could I ask police to see the 'complaint letter' on which basis i was made to face police and without any warning letter how i was called to police station? And those who haven't accepted my RPAD how can those people complaint against me to police? How can i do it please guide. Thanks and Regards
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Lawyers are available now to answer your questions.
You are entitled to copy of complaint filed against you
2) you are absolutely correct that all formalities have to be fulfilled to hand over charge
3) since they have refused to sign acknowledgment you are justified in refusing to hand over society records
4) you can complain to registrar seek appointment of administrator for society if elections were held wothout following procedure laid down by bye laws
Sir, Thanks for your response! How could i get the copy of the complaint from police filed against me? And what if they denied to give me and again threaten to use force to grab the office? Could i ask copy of complaint letter by a lawyer's letter? Regards
1. you do not need any acknowledgment from new committee acknowledging surrender of office by you
2. you can simply write a letter addressed to the MC members informing about your surrender and handover of documents
3. you can simply write in that letter that till the MC members take over the documents from you, they shall remain in your safe custody
4. it is then for the MC to come to you and take the papers
5. if they are not giving you an acknowledgement that they have received all papers from you, you can again write a letter to them narrating how the handover was done
6. both above letters can be marked to the district deputy registrar of co-op societies
7. if there was a complaint filed by the MC against you, then you should receive a show cause notice from registrar
8. it is quite apparent that police acted on this matter on basis of some influence
9 however since the matter involved handover of society documents, the police's jurisdiction to inquire into the matter cannot be ruled out
10. you can write a letter to police requesting it to give you copy of complaint made by MC on basis of which the police summoned you to police station
11. you can follow up on the above letter by filing RTI Application if you do not receive any response within a week of writing letter
1) file RTI application with police and obtain copy of complaint filed against st you
2) you don’t need to send legal notice to obtain copy of complaint
3) if police threaten you insist on acknowledgement of receipt of society records from office bearers of society
First of all police zeal in a purely civil matter is a blatant illegality. On that regards, you must move the high Court under article 32 of the Constitution of India, seeking writ of prohibition against the police.
You have to move the cooperative court for society disputes. First you need to take it to the joint registrar/registrar to get a certificate that there is a 'dispute'
The 'complaint letter' from assistant registrar, which the police is telling you, is a complete lie. There's no such letter. Hence the police aren't able to produce it, on your demand. Move the high Court against police, as I already stated
Sir file an RTI application before police station seeking copy of order / letter by assistant commissioner on which you were called to police station if they failed to give same file a written before high court to take proper action against such police office who abused there power.
You can file a RTI application for same. A writ before the high court would be proper remedy.
You can solve the issue by cooperating with the police and handover the society office as directed so that you can have peaceful days ahead after this episode comes to an end.
Alternately, if you still interested in stretching the issue by creating more and more problems for you, then you can send a legal notice through your lawyer to the police for their unjustified action against you without any base. You can, in your lawyer's notice mention that the acts of police violate the human rights and you would be pushed to seek the intervention of the state human rights commission for this inhuman act against a law abiding citizen.
You can even file a private criminal complaint against the police under section 200 cr.p.c. for this atrocious act, provided their action is unjustified and appears to appease the vested interest people.
It is your choice to choose either of the options.
You can seek the copy of the complaint by filing an application under RTI act.
The police may not entertain any request from your lawyer to send a copy.