• On cooperative society audit report

I am an member of housing costs operative socity. I complain to government of karnataka cooperation department about our society manage ment committee makeing miss management, money's misusing and another complaints after that government issue a order for Reauditing for [deleted] and 2018-19 . After socity management committee go to the high court to stop this order but court denied socity prayer and dismissed , on 1/11/2021 . After that Reauditing is going on socity submit this year audit report to jointdirecter of audit and ready for annual General body meeting for approval of audits and permission to next year approval for money management in this case I want know that if previous years Reauditing running on this year report valuable??? And we can stop the annual General body meeting.... What we can do please🙏🙏🙏 give us good Sujjesiton thanking you
Asked 11 days ago in Civil Law

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8 Answers

Yes you can stop it. Yes you can also file criminal complaint for criminal breach of trust and misappropriation of funds

Prashant Nayak
Advocate, Mumbai
24933 Answers
58 Consultations

4.4 on 5.0

The auditing of the previous year accounts only will be done now and not the current year. 

Once the reports of audit is ready, it would be submitted before the general body meeting for its approval after proper discussion over it.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can file a criminal complaint against the individual for his or her reported commission of the alleged fraud or crime.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Calling of AGM for cooperative society is mandatory for approval of audited accounts 

 

you cannot stop this year AGM 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

 

If there is misappropriation of funds then you can file criminal complaint against office bearers of society 

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Hi, you have to approach the Register and ask them to stop the conducting annual general body meeting.

Pradeep Bharathipura
Advocate, Bangalore
5233 Answers
289 Consultations

4.5 on 5.0

Dear client, 

Instead of making a mere complaint, you can file a legal suit against the management committee for this misuse of funds. You can compile any and all proof you may have and submit that as well. And in case other members want to be involved in filing a case against them as well then they may become parties to the suit as well. As for stopping the general body meeting, you can try and send them a legal notice and tell them to disband immediately or that you will take further further legal action by proceeding with the suit. If they do not listen then you can proceed with the suit. 

Thank you. 

Anik Miu
Advocate, Bangalore
3099 Answers
31 Consultations

4.9 on 5.0

-  As per law, co-operative society is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the RWA through a voice vote.

- Further, since RWA is a legal body, registered under the Societies Registration Act, , hence one can sue against its function, if not performing well.

- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body.

- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant RWA on a legitimate complaint.

- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the existed Society. 

- Further, a society can be dissolved also, if it fails to meet its objectives, involvement in illegal acts,  ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.

- However you cannot stop GBM , and if there is irregularities, then can file a criminal compliant against the management . 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

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