Regarding resolution passed in sgm
Querist :
Anonymous
(Querist) 29 June 2021
This query is : Resolved
Can a resolution passed in SGM be effective backdated ie SGM held on 27th June 2021 and the point passed in resolution effective from Feb 2021 . Is this valid and allowed ,?
kavksatyanarayana
(Expert) 29 June 2021
As you know fact, you can complain against the society EC to the Registrar of Societies of your district with proof.
SHIRISH PAWAR, 7738990900
(Expert) 30 June 2021
Hello,
The Resolution mentioned having back dated effect is not allowed and it is not valid. If such resolution is passed you can challenge it before the sub-registrar.
Dr J C Vashista
(Expert) 30 June 2021
Incomplete and vague facts can not lead to form proper opinion.
Hemant Agarwal
(Expert) 01 July 2021
1. IF the said SGM resolution is passed with majority vote in a duly called SGM via proper prior Notice - Agenda - Resolution, THEN such resolution can be made effective from any earlier date too, more so specifically since the decision of the General Body is Final for all legal purposes.
Keep Smiling .... Hemant Agarwal
Visit: www.chshelpforum.com
T. Kalaiselvan, Advocate
(Expert) 01 July 2021
If the agenda of the meeting contained or mentioned about a matter that occurred earlier and this meeting is held for regularisation of the same by a formal meeting to pass a resolution to regularise any past act, then this resolution can be held as legally valid.
It depends on what matter that this resolution was passed.
In fact if the resolution was passed with any intention malafide to cover up the past grievous mistake that cannot be rectified then this resolution with retrospective effect may be challenged as per provisions of law by first making a complaint with the registrar of cooperative societies and then looking for solution through court of law.
Isaac Gabriel
(Expert) 01 July 2021
If the resolution affects the genuine interest, it could be represented raising dispute under the socities registration act before the competent Authority.
P. Venu
(Expert) 03 July 2021
Yes, any suggestion depends upon the contents as well the objective of the resolution. What exactly is the resolution passed?
