Refusal to admit a person as associate member
priti sachdev
(Querist) 13 September 2014
This query is : Resolved
In our society the husband of a member has not filed papers to become associate member but has asked dep registrar to write to make him a member which they have done. He insists this is enough and that he is a member though not filed the required form or paid required fee.
in addition he has been harassing the current committee as he was earlier the accountant form society but committee decided to change and bring outsider. he refused to return society documents and now says he has nothing. If and when his wife applies for making him an associate member can the mc refuse him basis his not returning the society original papers and members' agreements which are still with him.
Kishor Mehta
(Expert) 13 September 2014
Sir,
The acts of commissions and omissions by the person, before being admitted as legal associate member, are all null and void, these actions can be corrected, and legal action can be taken against him. The society can take legal action against him for his actions during his tenure without any legal basis.
However, when a legal application is made by his wife to admit him as an associate member, after satisfying all the necessary procedure, the managing committee can not refuse to enter his name as an associate member.
At the time of voting in the AGM for the managing committee other members should take care that he is not elected to the managing committee.
Good Luck,
Kishor Mehta
ABDUL RAZIQUE
(Expert) 14 September 2014
well describe by Mehta Sb.
Raj Kumar Makkad
(Expert) 16 September 2014
A person guilty of embezzlement or retaining the property/record of the society and not returning despite of the repeated reminders, has no legal right to become associate member of that society who so ever might have moved application on his behalf with that regard.
The application should be rejected suo-moto with the given reason.
T. Kalaiselvan, Advocate 
(Expert) 20 September 2014
Rajkumar Sir, there is no mention of embezzlement by the author.It is reported that he refused to return the documents, that is all. His acts need to be considered for a disciplinary alone. However, since his wife is a member, she can move an application for making him as a associated member.
priti sachdev
(Querist) 20 September 2014
Thank you all for the clarification.
No known embezzlement - will not be known unless the papers are recovered. Also he will most likely move the papers from his house and will become difficult to recover. should we resort to police complaint and action??
Raj Kumar Makkad
(Expert) 21 September 2014
Non-returning of the record of the society despite of repeated efforts is nothing but an embezzlement of the property and the same is definitely punishable under criminal law of India.
