Election to co-op society
Suhail SHahbazker
(Querist) 18 September 2013
This query is : Resolved
The Opponents in the reply to the Dispute and at various places have been contending that remedies their acts of omission and commission have not resulted in any loss to the Applicant which has deprived or restricted the Applicant from their rights to participate in the election procedure,
which is in fact not correct, as Applicant has been continuously and openly humiliated, mentally tortured and the Opponents have not left any stone unturned in damaging the character, reputation and self respect and given a bad name as a form of punishment during several AGM/ SGM by manipulating the facts and then by publishing and then circulating the Minutes of AGM and SGM and in particular in the SGM held during the election period by Opponent no. 3 to “extradite the Applicant from the society premises” and submitting then circulating the minutes exactly on the final date of submission of the nomination with a malafide intention to damage the respect and reputation of the Applicant. Applicant refers to the comments made by the Opponents shows the mindset of Opponent to that the Applicant gets defeated by hook or crook Even otherwise the Applicant has submitted for relief challenging the procedure adopted by the Opponents as invalid, and therefore the question of Applicant affected or not affected does not arise, since Applicant has all the constitutional rights to oppose the election procedure and for that he need not be necessary to stand for the election.
Pl advice
ajay sethi
(Expert) 18 September 2013
state facts of your case in brief .
Suhail SHahbazker
(Querist) 18 September 2013
Sir
I have filed case in the co-op court against the MC (Society) with prayers that the election procedure is not adopted as per law / rule of the election to quash the election
The Opponents have manipulated provisional and final list
I have not contested the election due to above facts.
The Opponent argues that due to adopted election procedure and by their being elected any harm , loss has been caused to me which deprived me from my constitutional rights, rights to contest
ajay sethi
(Expert) 18 September 2013
you have to prove that provisional and final list have been manipulated . did you complain to returning officer appointed by the society before elections regarding the manipulation of lists
Suhail SHahbazker
(Querist) 18 September 2013
Yes I complained to RO who did not responded to my complaint and after 15 months of filing the dispute the RO replied with back dated letter i. e. on 16th June 2013 he produced letter to court dated 16th June 2011 issued to me , which in fact not at all delivered to me and there is no acknowledgment of mine showing receipt of said letter
The RO on same date of appointment signed the final list of voters before declaring election program which should have been signed by the Secretary doesnot show the names of joint members on share certificate
Raj Kumar Makkad
(Expert) 18 September 2013
This is a perfect case of gross violation of the rules and thus the election on the basis of such irregularity can be got set aside as desired by you.
Suhail SHahbazker
(Querist) 18 September 2013
The RO officer had initialed one final lists of voters showing Associate members name which is not showing in my share certificate instead jt name is reflected in the share certificate which is not added in the final listThis list with intial was displayed on notice board.
The RO on the same date signed full signature on another final voters list showing only my name as 1st member and states that the signed copy for office record and initial copy is for display.
The total contestants were 9 and only 7 submitted nomination, the RO declared the election on the date of elligiblec contesting candidate whereas the date of delation was fixed after 10 days. and the declaraton should have been made by the Chairperson in the next AGM which was not done.
I hope I have strong case and thnks for your encouragment
Suhail SHahbazker
(Querist) 09 December 2013
I agree with you, as far as matter of co-Op Housing Society not related to (REDEVELOPMENT) the Society cannot pass any resolution arbitrarily. Hon'ble Hiigh Court Judgment is also passed in this regard. Sec 72 of MCS Act clearly says that the Resolution cannot overrule the bylaws, Acts and Rule
One query is Can Society pass a resolution in General Body on the following in the presence of Authorized Officer conducted the AGM due to failure of the MC to conduct the AGM before 30th September 2013.
1. The Auditor has given in Audit Report the misappropriation of funds/ irregularities/Recoveries
2. When asked the query about the above matter in Audit Report, the Secretary said the matter is subjudice in the Court (one member has filed in the Court) so when the matter is pending in the Court , Can the General Body pas a resolution on the matter on which the Secretary refused to answer on Auditors report
3. The Chairperson/Treasurer and another MC member have not signed three consecutive MC Meeting and ceases to be member, and and have signed/approved the Accounts/ balance sheet and the AUditor has submitted the Audited Account (not knowing yhr facts of not attending the meeting)
4. The Secretary resigned in the month of June 2013 and the MC minutes says that resignation is kept in pending and the Secretart herself sign the said Minute. The resignation cann be kept in pending for six months and during six months six meetings were taken up.
5. The Secretary rented her flat s and staying outside Society premises and signed the Agenda and Secretary Report.
6. Non Members raised their hands for Voting in passing Resolution ..
Please advise
