Document executed by dis-qualified person

Ashok Kuvadia (Querist) 25 December 2012 This query is : Resolved
Our co-operative Society's committee members executed Development Agreement with builder. The date on which they had executed said Development Agreement they were deemed dis-qualified as comm. member u/s- 73 (1AB) of Maharashtra Co-operative Society's Act & Rule, since not executed Indemnity Bond which was mandatory to execute.

(1) Is the documents executed by dis-qualified comm. members considered as ab-initio illegal, null & void ?

(2) Is there any Supreme Court Judgments / Orders wherein Court has held that documents executed by dis-qualified person is to be treated illegal, null & void and it does not have any effect ? Is there any relevant citation ?

(3) Now Govt. of Maharashtra by its GR have from its date of circulation exempted the Co-operative Housing Society comm. member from aforesaid mandatory provision.
--> Will this exemption have any reverse effect on earlier dis-qualification and on their execution of documents ?

Experts are requested to throw light.

Regards.

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ajay sethi (Expert) 25 December 2012
the Managoing committee could not have executed the Development Agreement with the builder without sanction of AGM . please clarify whether any such apporval was obtained .? the e selection of builder , development agreement must have had the AGM
sanction

Nadeem Qureshi (Expert) 25 December 2012
agree with Mr. Ajay Sethi

R.K Nanda (Expert) 25 December 2012
state full facts.

Guest (Expert) 25 December 2012
Agree with Shri Sethi.

RAJU O.F., (Expert) 26 December 2012
Better consult an expert lawyer of the area, who is conversant with property law matters and also co-operative society laws.

V R SHROFF (Expert) 31 December 2012
Sp G b meeting musy pass resolution, for such important agenda

Raj Kumar Makkad (Expert) 04 January 2013
Unless you put entire facts, no concrete reply can be provided to you.

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