Can chairman of a co-op housing remove secretary ?

Biraja Prasada Mohanty (Querist) 06 April 2013 This query is : Resolved
Can Chairman Of a Co-op Housing remove Secretary by sending a letter without consulting Management committee members?

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Nadeem Qureshi (Expert) 06 April 2013
its depend on the terms and condition, read co-oprative society's bye.laws

Devajyoti Barman (Expert) 06 April 2013
No, it can be done in such fashion.. The purported removal is squarely illegal.

Sudhir Kumar, Advocate (Expert) 06 April 2013
vague query. What does societies constitution say. Whether Secretary is elected.

Guest (Expert) 06 April 2013
Depends upon the provisions of the byelaws of the society. In normal course, if the secretary is an elected representative by majority vote in the Annual General body, he canot be removed even after consulting the managing committee. He can only be removed by impeachment on no-confidence motion in the AGM in mostof the cases by 2/3 majority vote, as may be prescribed in the byelaws. So, consult your society's byelaws.

Raj Kumar Makkad (Expert) 06 April 2013
I do endorse the detailed advice of ld. Dhingra ji.

Adv k . mahesh (Expert) 06 April 2013
i agree with Mr.Dhingra ji

Adv. Chandrasekhar (Expert) 06 April 2013
Illegal. No society's bye-laws gives such scope. Even if such bye-laws are passed by erroneous methods, they can be challenged.

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