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Penalty for not attending sgm of co. op. hsg. sco,

(Querist) 11 October 2015 This query is : Resolved 
Dear Sir,
In our Housing Society, the penalty was imposed for non-attending the AGM, SGM and Election meeting in the AGM held on 30.08.2015.

My query is, the penalty imposed on not attending Special General Meeting is legal?

kindly Suggest.
Kishor Mehta (Expert) 11 October 2015
Sir,

Maharashtra Model Bye-Laws of Co-Operative Housing Society do not permit levying of penalty for not attending AGM or SGM.

Good Luck,
Kishor Mehta






Giridhar Shettigar (Querist) 12 October 2015
Thank you for replying.

But I found similar query (post of 4 years agao)in this site & I am apending here the some answers by some experts:

Adv. Ajay Sethi

"many societies face problem that in AGm there is no quroum . to encourage members to attend penalty of rs 500.imposed is not a high figure . if AGM has passed a resolution for imposition of fine then it is binding on all members . if you ahve remained absent without just cause you are bound to pay fine"

Adv. Arunagiri

The Registrar of Societies can not compel any member to attend the AGM. Only the society can decide.

Even if it is so, when you have given the letter for your leave. Absent is different from leave. You are not absent. So, the society can not impose penalty.

Adv. Shankar Narayanan

The law is enacted and framed with lot of if and buts and got so many quires and suggestion. So every law have vital cause and meaning. The is framed and created and enacted purely for the safe guard of real and true. So Law is weapon for all.

and so on....

please suggest

Rajendra K Goyal (Expert) 12 October 2015
Go through the byelaws of the society.
Guest (Expert) 12 October 2015
In a democratic set up nobody can compel you to do what you don't want to.

You may challenge the action of the mc before the Reistrar of Cooperative societies.


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