You can complain against them to dy registrar, consumer court as well as co-op court
Managing Committee Illegal and Decisions still considered legal?
Hello, Our society had a Managing committee elected in 2019 by the Federation office election process. Total 12 members on the committee were elected. During the COVID pandemic in 2020, 7 members resigned within one week due to non-cooperation from the chairman. The elected Secretary was the first person to resign. Since then, the Chairman has selected his own people on the committee, without fair elections OR without informing the Federation office. Matters of Conveyance, Bank account operations, SGM, AGM, Internal/External Audit, Renovation/Repair job allotments and every expenditure is now being conducted by this committee. The committee members have repeatedly changed thrice in this year, after the original committee members resigned. We have had 3 different committees with the same Chairman, because many SELECTED members couldn't work with him. I want to know the following: 1) Do any of their decisions taken in the AGM and SGM hold ground? 2) Under what Section/s of the MCS act 1960, can the decisions of these Selected members be revoked? 3) Is the action of the Chairman punishable under any Section of the MCS act? 4) If complained to the DDR, can the Chairman and other committee members be prevented from standing for re-elections? 5) Any fines imposed, rules passed by such Managing committee can be revoked under which Section of the MCS act? 6) Is it okay to file a Criminal complaint against the Chairman? 7) Is there any Court higher than the DDR where a case can be registered against the Chairman? Redressal forum? Please specify. 8) Can an SGM/AGM be called and convened without an elected Secretary? 9) Whom do I complain to, against members who have joined two adjacent houses without builder's permission ? 10) Whom do I complaint to, against members who have extended their Main/Front door entrance to 4 feet ahead from what the builder provided to them originally? Please assist with all the questions above. Our Housing society is a mess. Thank you. Best, Concerned Society member.
Asked 4 years ago in Civil Law
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4 Answers
- Under bye-law No.129 in the event of vacancies in the committee, caused an account of the death, resignation, disqualification or removal of any members of the Committee, by the Registrar the Committee may occupy such vacancies by co-option on the Committee of any other members eligible to be on the Committee, irrespective of the fact whether there is the quorum or not, regardless of what contained in the bye-law No. 127. Such vacancies by co-option must not exceed two.
2) decision taken in AGM/ SGM would be binding on all members
3) complain to muncipal corporation against joining of 2 flats
4) similarly if members have encroached on common areas of society complain to muncipal corporation
5) The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society.
Dear Client,
No, their decision does not hold ground. Under Chapter V- A section 56 will be applicable along with other provisions and you can file an FIR against Chairman of managing committee.
Thanks & Regards
1. If the elected body resigns and the association is functioning under care taker arrangement then no major decision taken by the caretaker management would be valid and recognized by law.
The chairman cannot appoint any person on his own without the approval of the elected body or a resolution passed by the majority members in a general or special meeting of the association.
The election has to be conducted in order to elect the new office bearers.
2. As per Bye-law 26(I), the term of the Office Bearers of the Board shall be one year. In case of any vacancy cast by any reason than the removal of the office bearer by vote of the association such vacancy shall be filled by voting of the majority of the remaining office bearers even though they may constitute less than a quorum.
3. This is not a criminal offence until and unless he is found to have misappropriated or embezzled the funds of the association.
4. The complaint should be made by mentioning all the irregularities observed agaisnt the current office bearers and seek an order to ban them from getting participated in the election to prevent them from abusing their power once again.
5. It can be challenged legally and not by invoking any clause of the bylaws, because the fine has been imposed by association on the basis of some law.
6. If you have evidence for his personal activities where he is reported to committed any offence or crime against you then you can give a complaint against him in your personal capacity and not in common.
7. If you are aggrieved by the decision taken by the chairman in his capacity as a chairman, you may approach consumer forum seeking to redress your grievances.
8. It depends on the circumstances.
9. With the local civic body/Municipality
10. Read the above anser which suits this question too.
