deputy registrar has power to cancel resolution.

Querist : Anonymous (Querist) 08 August 2024 This query is : Resolved
My Housing Society Chairman and Secy were facing disqualification for having three children.They managed to pass resolution to spend Rs 90 Lakh for building painting etc on 2-April-2023.I being resident of society could not attend the meeting but by 9 April-2023 I raised my objection to cancel all resolutions as it was proposed to award contract of Rs 90 lakh on single quotation basis?No reply to my objection.Chairman and Secy were disqualified by Deputy Registrar in May 2023.Rest of committee members resigned,administrar is handling society affairs now.After one year those minutes of 2-April-2023 were not approved by subsequent meeting.
Whether Deputy Registrar has power to set aside that Minutes or not?On my complain Deputy Registrar is replying he has no power to set aside Minutes but I can approach CO Operative Court.
Kindly advise:-Can Deputy Registrar setaside Minutes not yet approved or I need to approach CO Operative court to set aside Minutes of 2-April-2023?

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T. Kalaiselvan, Advocate (Expert) 08 August 2024
The deputy registrar may not have powers to set aside the minutes but they have powers to not to approve the minutes.
Once the minutes are not approved by the competent authority then the same becomes infructuous as it cannot be executed

kavksatyanarayana (Expert) 09 August 2024
Usually, it will be mentioned in the bylaws that if any disputes are raised and the Dy./Jt.registrar has not approved minutes, then any member can approach the civil court. But he has no power to setaside the minutes.

Querist : Anonymous (Querist) 10 August 2024
Is it compulsory for getting approval of minutes of meeting from deputy registrar?If so under which bylaws?

T. Kalaiselvan, Advocate (Expert) 10 August 2024
You can go through the bylaws of your society in which it will be mentioned clearly that the minutes of the meeting to be submitted to the Registrar concerned and it can be implemented only after approval.

P. Venu (Expert) 18 August 2024
Facts posted are rather disjointed. To my knowledge, there is no provision having force of law that a person having more than three children are disqualified to be a office bearer or executive member is a Hosing Society. What is the law under which the Society is registered.

Minutes of the previous meeting is to be approved by the same body. It appears that the querist is having inchoate notions as to the approval of the minutes of a meeting.

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