Amod Pandit 24 July 2018

Regarding resignation of secretary in cooperative society

My father is the secretary of our co-operative housing society for last 4 years. However due to medical reasons and health he is unable to conduct his duties as a secretary. He wish to resign from the post and has drafted a resignation letter. However, by-laws it says that, the resignation has to be accepted by Chairman and a replacement for secretary has to be made before the resignation is effective. I want to seek your advice whether he can go ahead with a resignation and stop performing his duties if Chairman (who is also working as acting one) accepts his resignation and if no other member ready to accept the responsibility? In later case, whom he should inform and take himself out from the day to day operations.

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Adv Deepak Joshi +917017821512 (Advocate) 24 July 2018

If your father is unable to perform his duties and if forced to do duties given by society will have adverse effect on his health. Then he can gives resignation letter to the chairman mentioning all the facts regarding this health and inability in performing his duties.

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Amod Pandit 24 July 2018

Thank you so much Deepak for prompt guidance. But in case no other member is ready to take up responsibility as secretary then is it mandatory for him to complete the term (2 more years) or can he stop working and take himself out by giving enough notice and putting it in General Body meeting

Amod Pandit 24 July 2018

Hi Deepak, thank you so much for the prompt guidance. However, what should be our approach in case any of the members are not ready to take up responsibility? In this case, is it mandatory for him to complete his term (another 2 more years) or can he reach out to some authority or take himself out of committee by putting his resignation with defined notice period in the General Body Meeting? ... I understand that as per by-laws, his resignation will be effective only after accepting by Chairman and after having a replacement. But in later case if there is no replacement then what should be an option?