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Sayed Maqsood Ahmed   25 June 2024

presence of government auditor

respected learned advocates,

yesterday, our cooperative housing society AGM was held in the city of pune Maharashtra

before commencement of the meeting I I asked the chairman where the government authorized who audited the society's accounts for YE 2023-2024 he replied he is coming but he didn't attend. The secretary then told us that there’s no need for the statutory auditor to present in the AGM. is this correct???

I also asked the chairman where the audit rectification report of Last AGM and the present AGM which have to be submitted to the Dy registrar and also to be put up in the AGM as per bye laws of the Maharashtra Cooperative Housing Society Act 1860 for approval, but she couldn't answer my questions .

your legal views are appreciated quickly.

thanks and kind regards


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 June 2024

A copy of the audit report shall be distributed among the members of AGM.  So ask them for a copy.  If they deaf ears complain to the Dy. Registrar of Coop.Societies of your district.

T. Kalaiselvan, Advocate (Advocate)     25 June 2024

You can raise an objection to this irregularity and make a complaint against the chairman before the deputy registrar seeking intervention and further necessary action in this regard. 

You can gather like minded members to add strength to your complaint. 

Dr. J C Vashista (Advocate )     26 June 2024

Did you receive copy of audited accounts with notice of agenda for AGM, as part of documents ?

It is not compulsory for an auditor to be physically present in the AGM while presenting annual budget before the house for approval of accounts. 

Sayed Maqsood Ahmed   26 June 2024

Dear Sir

Thanks for your quick response. 

Yea we received the Invitation and draft audited accounts copy. But we didn't receive the audit rectification report which has to be discussed and approved in the AGM.

It was clearly mentioned in the Auditors report that the rectification report should  be submitted to the dy registrar within 3 months from the date of the Auditors copy.

Kindly respond 

Best regards 

kavksatyanarayana (subregistrar/supdt.(retired))     26 June 2024

Ask the committee whether they filed rectified audit report before the Registrar or not.  You can verify the rectified audit report within the office time of the society.


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