Can a management committee of a co-operative housing society orally ask a female member to appear.
Balasubramanian
(Querist) 16 October 2013
This query is : Resolved
The managing committee of a co-operating housing society is asking a female member of the society verbally to appear before it for questioning for an enquiry she made on the community portal,whether the managing committees members have paid dues based on the Annual Report which shows outstanding dues against the MC members and how did they contest the elections.Has she to appear before it and whether she can seek police protection to accompany her for questioning?
Guest
(Expert) 16 October 2013
Ask the MC to send a formal notice for appearing before them for enquiry.
Balasubramanian
(Querist) 16 October 2013
Does the managing committee of CHS have powers to conduct an enquiry? can my wife (female member) be accompanied by me,as she is an housewife?
Sudhir Kumar, Advocate
(Expert) 16 October 2013
First of all it appears that the subject matter is that whether MC executive members have paid their dues or not. So they are interested p[arty to the dispute and cannot be judge in their own cause.
It is general urban malady that the office bearers of the CGH Scoeities generally retired from lowly non-executive posts behave like rural feudal lords. General they are zero in law and not having enough finance to contest litigation.
Such persons become office bearers due to economic condition are the want free member ship, free maid , watchman to wash car/scooter free and fetch vegetables and if vegetable vendor, milkman, barber is allowed in he must provide them free facility. It may be your office bearers may be of such type.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
I willfully agree with Mr Balasubramanian and Mr Dhingra.
First consideration is whether they have (as per Society Constitution) any right to conduct such Inquiry.
Then question comes whether they can conduct inquiry without formal notice.
The point raised by me comes after these points.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
Further Registrar is a Public body and bound under RTI Act to reply if they have submitted audited statement of account/balance sheet (or by whatever name called in local parlance) or not and if so a copy thereof and such statement is bound to show inward remittance from membership and this divided by monthly charges of one member and then divided by 12 will show if all members are contributing or not.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
this query is without disclosingthe facts disclosed at
http://www.lawyersclubindia.com/experts/Managing-committee-member-elections-427121.asp
prabhakar singh
(Expert) 16 October 2013
She is not bound to appear as they do not have authority to conduct any inquiry for a query asked to them which they may answer in yes or no based on factual situation.
But why original thread is changed as pointed out by Mr.SUDHIR KUMAR.
Rajendra K Goyal
(Expert) 17 October 2013
Well advised by the experts, nothing more to add.
ajay sethi
(Expert) 17 October 2013
sh e need not appear based on oral intimation . agree with experts
