Eligibility to attend the agm.
Querist :
Anonymous
(Querist) 19 April 2023
This query is : Resolved
Dear Sir /Madam,
The undersigned seek your expert guidance on the following issue.
In our residential complex there is FEDERATION consisting of 50 governing council members deployed from 25 member societies (each society represents by two members). The Federation secretary has circulated notice for AGM inviting above 50 members alongwith Chairman & Secretaries of above referred 25 societies to attend the meeting.
I think only 50 governing council members are eligible to attend the AGM. Additionally the Chairman & Secretaries are not members of Federation hence they are not eligible to attend the AGM. This is my understanding is. Please advise on this matter.
Thanking you,
Cordially Yours.
Sudhakar
kavksatyanarayana
(Expert) 19 April 2023
At the time of the formation of the FEDERATION, the members might have formed the Federation with some terms and conditions, how to conduct meetings, etc. So the same shall be verified to form an opinion. The chairman and Secretaries can attend the AGM and it is not objectable.
Querist :
Anonymous
(Querist) 20 April 2023
Thank you very much for your reply. Would like to bring to your notice that as per Byelaws of the FEDERATION, it consists 50 members, representing from 25 societies (2 members from each society). Since AGM adopts certain resolutions and important decisions in the meeting it may got influenced by the presence of other members. Pls guide.
kavksatyanarayana
(Expert) 20 April 2023
No. But the decisions depend on the majority members opinion.
P. Venu
(Expert) 20 April 2023
The facts posted are inadequate to offer any meaningful suggestion.
"In our residential complex there is FEDERATION consisting of 50 governing council members deployed from 25 member societies"
Why this Federation? What are its objectives? Is it registered -if so, under which law?
Are the member societies registered? If so, under which law?
Querist :
Anonymous
(Querist) 20 April 2023
Sir residential complex is of 25 individual societies registered under co-op hsg societes act.
Every individual society has sent 2 members to represent in the FEDERATION which is also registered as per Co- op hsg societies act. The Federation looks after maintenance of the complex and welfare activities for complex.
The Federation works for the welfare of the residence of the complex and other activities.
The present committee of the Federation has called AGM to conducts the agenda for financial Year 2022-23 and other relevant issues.
In the notice Federation has invited governing council members of Federation for the meeting as well as Chairman and Secretaries from all 25 societies.
Since it is AGM of Federation so the only govening council members are eligible to attend the meeting and not all other invitees i.e Chairman & Secretaries
That is the question. Please elaborate.
Thanks.
P. Venu
(Expert) 20 April 2023
You are evading the vital information, I am afraid. Is the formation such a Federation provided under the Act, as mentioned? If so, is the Federation required to be registered?
What exactly is the Co- op hsg societies act mentioned?
T. Kalaiselvan, Advocate
(Expert) 20 April 2023
The Federation is formed out of the representatives of 25 societies with each society being represented by two members.
If you bylaws do not allow the president / secretary besides the authorized representatives, then you can inform them that either the two members may be authorised representatives or the president / secretary to represent the concerned society.
If the bylaws do not restrict the president / secretary of any society to attend the meeting as guest without voting rights, then the federation can take a decision to allow such office bearers after arriving at a consensus in a meeting within their office bearers.
