Managing committee member/elections
Balasubramanian
(Querist) 05 October 2013
This query is : Resolved
A member of a co-operative housing society in mumbai is not paying any monthly dues to the society,but claims to have his case pending with the registrar of co-operative housing societies and paying his dues to the Registrar.the issues are listed here:
1.He is elected to the managing committee and functioning as a managing committee member.
2.Default in payment calls for 21% interest on the dues unpaid.
3.Can the Registrar waive 21% interest and order only the dues transferred to the CHS after hearing.
4.Whether the member can continue to hold office as a managing committee member pending the case with the Registrar of CHS.
ajay sethi
(Expert) 05 October 2013
if there is a bonafide dispute between the society and said member and it is proved that interest has been levied without any reason then registrar can waive off interest . please verify whether society dues are beinf deposited with Registrar as claimed by said MC member
Balasubramanian
(Querist) 05 October 2013
Whether as a bonafide member of the same society can I seek information under RTI from Registrar,whether dues are paid and how much is paid to him?.
secondly whether he can assume charge/function as a managing committee member?
Balasubramanian
(Querist) 05 October 2013
Whether as a bonafide member of the same society can I seek information under RTI from Registrar,whether dues are paid and how much is paid to him?.
secondly whether he can assume charge/function as a managing committee member?
ajay sethi
(Expert) 05 October 2013
visi the office of registrar make inquires . filr RTI application if needed .
Balasubramanian
(Querist) 05 October 2013
all my queries are not solved.they are still open!
Guest
(Expert) 05 October 2013
Replies to your queries are as under:
1.This is merely an information, not a query.
2.This is also an information, not a query.
3. If he is actually paying the dues regularly even to the office of the Registrar, that can be treated as dues paid but liable to be claimed from the Registrar office. So, the amount won't attract interest from the member. Nobody restricts the society from claiming the amount paid to the Registrar office, any time after he pays the amount.
4.The member, being an elected member of the managing committee through GB, can continue to hold office as a managing committee member pending the case with the Registrar of CHS until he is impeached or expelled by majrity vote in the GB, if there is any provision in the byelaws of the society. Otherwise, wait for the holding of the next GB.
R.K Nanda
(Expert) 05 October 2013
NOTHING TO ADD MORE.
R.K Nanda
(Expert) 05 October 2013
NOTHING TO ADD MORE.
Sudhir Kumar, Advocate
(Expert) 10 October 2013
Agreeing with experts I would add that unless the constitution of the society debars him you cannot object his being in committee merely because his dues are disputed.
Hemant Agarwal
(Expert) 11 October 2013
CONTRARY TO ALL THE ABOVE:
Subject to MCS Act (Maharashtra)
a) A member who is a defaulter (of three months & more), CANNOT be elected to the Mg. Committee. He is automaticlly debarred from contesting elections and his election nomination is liable to be rejected, by default. Hence there is no legal question of a defaulter holding /retaining the post of Mg.Committee.
b) The Coop. Registrar, has no jurisdiction to accept "Outstanding dues" amount of any Society, from any member /litigant. Hence the contention of the defaulter member that he is paying the Society outstanding dues to the Registrar is false and malafied.
c) The details of individual members outstanding dues and accounts, are not filed with or available with the coop. registrar, hence filing RTI for the same is invalid and liable to be rejected .OR. at the most the RTI application would be forwarded to the Society. However one can file RTI with the Coop. Registrar, for the entire case file papers, pertaining to the dispute of outstanding dues of the member, since the case file papers, filed with the registrar, is now classified as "public documents".
d) Applicability of 21% simple non-compounding interest, is levied on defaulted amount. If the society's claim is genuine, the registrar has no jurisdiction to waive off Interest. The registrar himself is the authority who has approved and registered the society bye-laws, wherein 21% interest is recorded.
Keep Smiling .... Hemant Agarwal
http://hemantagarwal21.blogspot.in/?view=sidebar
Sudhir Kumar, Advocate
(Expert) 16 October 2013
connect
http://www.lawyersclubindia.com/experts/Can-a-management-committee-of-a-co-operative-housing-society-orally-ask-a-female-member-to-appear--429226.asp
