Dear Sir,

You are suggested not to worry and give a notice that you are no more responsible for any act done by them. Also inform to registrar of society so that you are not taken in loop for any misdeed done by them (Secretory and treasurer). 

1. If you have been elected as the Chairman of society then your powers cannot be usurped by Secretary and Treasurer unless you have been removed from your post in accordance with bye laws.

2. You may file a suit for declaration in the competent civil court to declare that you are still the Chairman of society and seek permanent injunction against the secretary and treasurer to stop them from appropriating to themselves your powers.

There is no such rule. Unless you don't resign or get disqualified you will be chairman. 

1. It's not clear whether you have resigned from your post or not. Its slso not clear whether sale agreement is also signed or not.

2. If your answer is negative in both cases then the actions of MC is no unlawful. 

3. If the answer is positive then they are right in its actions. 

4. Non elected members can not form valid quorum to pass sny permissible resolution. 

5. Lodge a complaint with Registrar of Society challenging these actions. 

You can resigned for the chairman post online and send email to all people or make Whatsup group of whole society and send resignation letter and take a meeting as per COVID 19 distance rules.

Please keep in CC the registrar of CO-op society of your area.

Write the resignation letter all details for reason behind resigning your post  and what are with you the belonging of the e society what are liabilities and assets so you are ready to handover in front of Registrar or sub registrar of Co-of society.

Send your letters in both language English and Marathi.

You should resign from your post as you have obtained NOC from society for sale of flat 

2) managing committee meetings can be held over zoom 

3) virtual meetings suffice 

4) till you continue as chairman you cannot be bypassed by other office bearers 

It is advisable for you to resign 

you can continue as only NOC has been obtained but you have not sold your flat 

Dear Sir,

As per your inputs it is opined that it is quite natural to understand that once you are not resident of that society then you will also not able to functions as the member of the society. In the present circumstances, you are suggested to call a general body meeting of the society and discuss the issues clearly. The meeting can be held by the mode of video/audio conferencing as well and no physical presence may be required. 

Hi 

No, you are reselling your flat in the society so you are reselling your membership of the society and a non member cannot remain on any post of the society. I would advice you to inform about the Cooperative Society office about the working of the Secretory and Treasurer, also send a group notice about your NOC and Cheques issued by the treasurer etc to all the members of the society.

1. a deep look on the society bye-laws is required before forming an opinion,

1. Since you are an Existing Chairman, you are legally entitled /eligible to remain as Chairman, TILL you actually submit the duly executed bye-law prescribed Transfer Forms, to the Secretary.

2. Mere taking Society's Sale NOC is not actual Sale of Flat, since this can be cancelled by you or the buyer party.

Till you not resign or become ineligible to hold office, you will continue with same authority unless society rules bars you.

You can give complain to registrar but due to lock down, effective remedy may not available. Neither in lock down fresh elections and appointment of chairmen can held.

Complain to registrar.

And you are selling the flat, so after sale automatic termination from the post. Rules prohibit you to take important decisions.

1. The sale deed for selling your flat has not yet been registered for which you are still a member of the society and also its chairman since you have not resigned from your post.

2. The secretary and treasurer is entitled to  deal with he financial matters of the society and you should preside over in all meetings of the board and also of the society.

3. You can call for a general body meeting if any illegal step has been taken by the secretary and treasurer without your knowledge or consent to get such steps cancelled by taking resolution in the said general body meeting.

1. You are  still the chairman of your  society and have not ceased to be the chairman merely because of the fact that you have  availed NOC from the society for selling the flat. You may decide not to sell it also.

2. Till you register your said flat and pass on your membership/share  of the society to the new buyer, you are the chairman of the society unless removed based on resolution passed by convening a  special general meeting or any court order.

3. You shall have to withstand the pressure of those people and wait till the lock down is over for  convening a general meeting as suggested in my earlier post.

Hi,they cannot do so until you have not resigned from the post of the chairman ..You have to file a civil suit for permanent injunction 

If you are still a chairman of the society and ha not left the association physically neither have sold your flat then you can establish your rights as per the by laws of the association.

You can issue a legal notice to the secretary or the treasurer if they are found to violate the bylaws or rules in this regard in the capacity of chairman.

You can even talk to them and get an amicable solution to this and if they dont agree then you can very well initiate proper legal action as envisaged in the bylaws 

Even though you have obtained NOC, you have not vacated the flat hence you can hold the post till such time you are vacating the flat and leaving the complex.

However in general, you should have tendered your resignation once you have taken NOC from the association to resale the property you hold in your name.

In order to save your dignity, you should have  volunteered to resign from the post than waiting for somebody to inform you, hence you are facing such humiliations.

Legally speaking yo can hold the post till such time you tender your resignation properly.

1. You having applied for NOC to sell your flat does not have any nexus with your appointment/functioning as Chairman.

2. Go to civil court with a suit for permanent injunction against those who are harassing you.

1. Yes you can remain at the post of chairman till the sales deed is not duly executed.

2. Members of society or committee cannot force you to resign from the post on ground of taking NOC for sales execution but yes they can give you notice to resign from the post before selling the flat. 

3. They cannot force you to resign in society meeting you can give your resignation to next senior committee member.

The Chairman of the Society may resign his office as Chairman by a letter addressed to the Secretary of the Society. resignation will be effective only after its acceptance and handing over the charge to the newly elected. 

If the Committee does not accept it, then they should give a valid reason. 

if they don't give valid reasons then you will have to approach the Registrar. 

You have decided to resell the flat and the resale has stopped due to COVID-19 hence you cannot be a member of the society.

It all depends upon the rules. But once NOC has been granted you don't own a flat and hence no powers can be granted or continue to be granted to you.

1. As per the information mentioned in the present query, makes it clear that you have been issued NOC for resale of the flat, but still not resigned as a chairman.
2. I would like to apprise you that you will be continue to be a chairman till the time flat is sold off or you give your resignation or if there is something mentioned in the bye laws about the same situation as to what time your can be considered to be a non member per se.
3. You may have to recourse of the court of law when it gets opened, but for now you can serve a legal notice for what they have been doing with you.