• Office bearer election - flat owners association

The AGM of our Registered Association for the year 2017-18 ended in a dispute without electing office bearers for the ensuing year 2018-19.However the out going office bearers suomoto called an EGM in Novemeber 18 and elected themselves as office bearers for 2018-19 and continued till August'19 as office bearers including operating the bank ac. On 1.9.19 , these office bearers called an AGM for 2018-19. As members objected to the validity/ power of the office bearers to call such an AGM, these office bearers relinquished their post and in the same meeting an adhoc committee was selected to find modalities of electing office bearers for the year 2019-20 ( These decision was also signed by outgoing 2018-19 office bearers). 
Query - 1
Kindly advice how to go about in installing new office bearers for 2019-20 and also adaption of audited accounts for 2018-19. As per bye-law ,the office bearers are to be elected annually only in AGM
Query - 2
Whether office bearers can be elected in an EGM to be called by members. Our bye-law dealing with EGM is silent in this aspect.
Query- 3
Whether EGM ( called by members) decide on calling an AGM to transact the bye-law mandated businesses in an AGM such as election of office bearers, adaption of accounts, appointment of auditor
etc., .
Asked 4 years ago in Civil Law

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6 Answers

Office bearers can be elected in EGM called by members 

 

2) EGM can only consumer items on agenda 

 

3) if it is for election of office bearers it can be done in EGM 

 

4) approval of audited accounts , appointment of auditor has to be done in AGM 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

You have to approach registar of societies and chits and complaint regarding the new society and request for the conducting election you have to provide a copy of this complaint to development authority so that the register can take the decision as the register is competent authority in this regard.

This selection is not valid and register can notify a new committee to take care of the society for the time being when the election is being conducted after dismissal of this management committee

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Members of the Committee are to be elected every five years (before the expiry of the five-year term) in AGM. An E-2 form to be submitted to the to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer six months prior to the expiry of the Committee period of the society in case if the society has over 200 members. If they do not notify the State Election Authority and continue to hold office, it is a violation of the law resulting in action from the Registrar.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

1. Office-bearers are to be elected only at the AGM if the bylaws say so.

2. If the EGM was duly convened in accordance with the bylaws for the purpose of election of office-bearers, the election would be valid.

3. Yes, if the EGM was duly convened.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

The members have to conduct elections for appointment of new office bearer for term of 2019-20.

The office bearers are selected from the committee of member of society which is elected by general elections of society.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Managing Committee of an apartment complex maintains common areas, amenities and attends complaints from apartment owners or residents of the apartment complex. The Management committee is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Management Committee represents apartment owners association before all official and non-official bodies concerning building and other member’s rights and interests.

First the general meeting of members elects the Managing Committee of the association. Only one member from a family can be a member of the Managing Committee and no office bearer of the Managing Committee can continue to be an office bearer of the Managing Committee for more than five terms with not more than two terms consecutively. Elections of all the members of the Managing Committee shall be held once in two years.

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.

  • Handover of Office and accounts: The date of voting shall synchronize with the date of the Annual General Meeting which will be within a week after the elections. The Election Officer would, after the elections, invite the elected members and President of the Managing Committee to take office. The outgoing Managing Committee would have the responsibility to complete all accounting procedures and finalize the accounts within the date of remission of office. He would also get all the elected members of the Managing Committee, including the President to sign a Code of Conduct which would guide their actions during their term.

The outgoing Managing Committee would have the responsibility to get the accounts audited within the next three months after remitting office. If after two years of the term of the Managing Committee, the new committee is not elected, the Board of Trustees would create a Caretaker Committee (CTC). The CTC would not have any financial decision making capacity other than carrying out routine expenditures.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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