Can a defaulter become a managing committee member?
Querist :
Anonymous
(Querist) 08 December 2011
This query is : Resolved
The present Chairman of the Managing Committee was found guilty of illegally extending his room onto Society terrace. The BMC's final order to demolish the illegal extension came in 2008 but the structure is still intact. Moreover, the same person has got himself elected Chairman of Redevelopment panel too. Who should we approach to take action against him?
Raj Kumar Makkad
(Expert) 09 December 2011
You can approach to the Registrar of Societies for this purpose and even can go to High Court for this purpose.
Guest
(Expert) 09 December 2011
Better, refer to the bye-laws of your society, which would have made some provision about that.
ajay sethi
(Expert) 09 December 2011
if he has been guilty of illegal construction then why was he elected by the members ? you should pass a resolution in the managing comittee removing him as chairman .
Shonee Kapoor
(Expert) 09 December 2011
If the members have elected, why would it be rendered non-est?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 10 December 2011
With above 75% majority of your members, expel the chairman from membership u/s 35 of Mah Co-Op Soc Act 1960.Expulsion also provided under Bye –Laws 53. Demand Special General body meeting, & Pass resolution to expel, + take action for Illegal structure. Complain to local authority for illegal structure to be demolished, and if Municipal Authority fail or neglect to, File a Civil Suit for Demolition, including Muni + Chairman as defendants. Complaint to Registrar for his Misusing Power and authority, and pray to inquire into & remove him from MC, under sec 78-79 of co-op soc act 1960. The Bmc's Final order to demolish the illegal extension came in 2008 , so inform Registrar & let Registrar take action to expel him.
Adv Shroff
10-12-2011
N.B.: Chairman is never elected, nor can be removed by AGM.
It is the MC that elects among them a Chairman.
It is elected like our Parliament; we do not elect or cannot remove Prime Minister. AGM can remove a MC or it's member. Effect is that, Chairman will be out of Managing Committee, and hence no more a Chairman . Elected member remains in Chair for the entire period of 5 years. So need to apply Registrar for dissolving present MC, and go for re-election .
