Expulsion of a member from cooperative housing society.
A member of cooperative housing society living in the society from 1994 to this current date. his conduct is very good and doesn't have any enmity in the society. In the year 2010 society has taken some amount of public place for 30 years in the area of society by doing the agreement for a library with municipal corporation. For construction of building of library the management committee tried to extort money (amount 5,000/-) from members. But instead of library the management committee of society started the functions like weddings, birthdays for commercial purposes on large scale in the constructed hall. The wife of member(because the member done up-down weekly for duty) complains about this to various departments like deputy registrar of societies, municipal corporation and police. and also she got information from RTI.
taking concern of her complaints the results are as follows:
1. police department filed section 149 against management committee for case of extortion.
2. in the year 2014 municipal commissioner of corporation cancelled the agreement with society for library as they are not running any type of library in the said hall (it is proved) and the hall is now closed but not sealed yet. (because the society appealed for it in civil court against municipal corporation . proceedings are continue till date)
Before this in the year 2013 when the member asked about the annual balance sheet of society in the meeting, the management committee denied to give the answers. The member asked this in RTI to deputy registrar. he also extended the dates of hearing without any logical reasons.
Due to this, management committee of society started one new strategy to overcome this problem. They prepared a memorandum consisting of all the complaints done by wife of member.
All the other 62 members out of 75 signed the memorandum because they don't know any facts about the matter. The management committee told them "this is all about starting the hall again as you can not get the hall for ceremonies due to that one member who complaints about the hall."
In the meeting of expulsion the member was present with his wife but the committee deprived him for signing in the proceeding book and expelled the member though there was only 25 to 30 members at the time of meeting. The committee taken other signs by going to everyone's home.
Some of the members signed the memorandum as well as the proceeding book though they are not the active members of society. (they signed as "from")
During all these period of 3 to 4 years the expelled member and his wife collected following information about the society through RTI.
1. the management committee doesn't consist any woman and no any member of backward class.
2. the chairman of society who had done the agreement with municipal corporation in 2010 was a associate member (sahyogi sabhasad) who do not have any right to be a chairman according to Maharashtra cooperative societies act 1960 and rules 1961.
3. The present management committee of society consist of 2 such members who are associate members. (both of them have their property/house on the name of their wife). they also does not have any right to bear the post in managerial committee.
4. The elections of society are illegal.
All the above facts were included in the enquiry report done by assistant cooperative officer in the deputy registrar office. He also accepts that the management committee is liable to be punished and liable for further procedure. And also accepts that the complaints are true.
But instead of all these facts the deputy registrar give the reason of absence of member in the meeting of expulsion (though the member noticed him to next day about the previous day meeting as there was Sunday and told him about the deprived natural justice) and expelled the member on the complaints of his wife which are proved to be true. He doesn't given any grounds on the basis of which the member is expelled.
now the case is going on in appeal at joint registrar.
I want to ask questions about this case.
1) Is any member liable to be expelled like this on the basis of complaints of his wife though they are proved to be true.?
2) Notice of annual general meeting of expulsion obtained to the member on 21/12/2013 though it was dispatched on 16/12/2013. meeting held on 19/01/2014. From which date we can consider one month: from date of dispatch or from date of received?
3) Can the expelled member is liable to ask information regarding his previous complaints (before date of expulsion order) through RTI to the office of deputy registrar?
4) Is there any issue regarding the house? Means can society take the charge of house of expelled member?
Plus any suggestions from you. Please convey me. I am hoping to look forward for your answers and suggestions.