Can director of co-operative society become legal advisor
Adv.Vishal Anil Vyavahare
(Querist) 12 June 2014
This query is : Resolved
Respected Sir,
I am practicing as a Lawyer in Civil,Criminal and Sessions Court, meanwhile I have elected as a Director of Co-Operative Patsanstha registered under Maharashtra Co- operative societies Act. Governing body decided to elect me to work as a legal advisor through resolution.
So I have technical query that Whether Director of Co-Operative Patsanstha registered under Maharashtra Co- operative societies Act can work as a legal Advisor of same Co-Operative Patsanstha.
Please suggest with appropriate provisions.
Thanks and regards,
Vishal A. Vyavahare
Advocate
09371821992
ajay sethi
(Expert) 12 June 2014
you cannot appear in courts on behalf of the society .
Rajendra K Goyal
(Expert) 12 June 2014
You can not be entrusted to appear as an advocate in society cases in which you are a director.
Devajyoti Barman
(Expert) 12 June 2014
If you are appointed as their panel lawyer then you can appear.
Dr J C Vashista
(Expert) 14 June 2014
The Bye-laws of the Society, MCS Act and MCS Rules are specific wherein Directors/ members are barred to be engaged for any professional activity, please re-check and decide.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
In this case since you are the director and a legal adviser of the society, in my opinion, there is no bar in you appearing for the cases of the society as a legal adviser of the same.
Hemant Agarwal
(Expert) 17 August 2014
1. Appearing as a "Advocate" for the Society, in which you have vested interests, is barred. Refer Advocates Act.
2. HOWEVER, since the person is engaged as a quasi-employee (as Director or Legal Advisor) and receives some money in the form of honorarium /salary /fees /whatever, the Society may authorise you vide proper resolution, to "represent" the society in court as "in person" AND NOT IN THE CAPACITY OF A ADVOCATE.
3. This is akin to a Advocate appearing in his own personal case, where he is allowed to appear "in person" and not as his own Advocate.
Keep Smiling .... Hemant Agarwal
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Advocate. Arunagiri
(Expert) 17 August 2014
Advocate cum Director of the society, can not appear on behalf of the society as an advocate.
He can appear as party in person for that society, with the board resolution permitting him to appear.
Raj Kumar Makkad
(Expert) 18 August 2014
Hemant Aggarwal has answered properly your query.
