Can majority in soc. force secretary to sign mou or resign for redevelopment agreed without gr 79(a)
sam
(Querist) 11 November 2014
This query is : Resolved
Greeting to All,
I live in small Registered society where 6 members out of 8 members have appointed Redeveloper without following Bye laws or GR of Mah. 79(A).
1) Society is registered.
2) Society does not have Conveyance.
I being Secretary have tried to explain the legal process of GR 79(A) and redevelopment, however Chairman and Treasure and total 75% i.e. 6 members are not willing to listen and understand.
Chairman have called SGM with following Notice.
NOTICE
As resolution passed in majority in SGM for dt..... for the redevelopment and Secretary has voted against it, which create technical problem, contradiction to move on further.
AGENDA
1) Whether Secretary is to continued on his post or he should resign and hand over the charge to other person/member.
QUE. 1) Can Society Majority force me to sign MOU as Secretary, where redeveloper is appointed with out Conveyance and without following GR 79(A)?
QUE. 2) Can they force me to Resign if I refuse to sign MOU?
Thanks in advance.
ajay sethi
(Expert) 11 November 2014
if majority of members of MC dont have any confidence in you better resign . you can challenge decision taken for redevelopment and obtain stay if procedure has not been followed
Rajendra K Goyal
(Expert) 11 November 2014
Society bye laws has to be referred.
However, if members have no faith in you, better resign.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 14 November 2014
It appear that you are sensible & responsible Secretary(Member) wants to convince members the provisions & bye-laws but they failed to appreciate.
Since I am in this filed, Legally no Redevelopment or construction is carried out without (i) Land and Building is transferred/conveyed in the name Society.
(ii) If landlord has conveyed property to Developer, Landlords permission and Developer as confirming party has to execute Deed of Conveyance with Society.
(iv) MC Act mandates that Builder/Landlord has to give Conveyance with 4 months from the formation of Registered Society.
(v) No Builder will normally take risk to construct building without conveyance.
ANYWAY I ANSWER YOUR QUERIES:
1) Whether Secretary is to continued on his post or he should resign and hand over the charge to other person/member.
Ans. Yes (you are helpless since SGM voted you out)
QUE. 1) Can Society Majority force me to sign MOU as Secretary, where redeveloper is appointed without Conveyance and without following GR 79(A)?
Ans. N0. Note that it is possible that The Developer/Landlord might be managing for obtaining Conveyance and then construct building.
QUE. 2) Can they force me to Resign if I refuse to sign MOU?
Ans. Refusal to sign is your proragative but passing Resolution for voting you out is their choice.
If you need further consultation contact 986940938, Email: jeevansci@yahoo.com
ADV.JEEVAN PATIL
MUMBAI.
Sudhir Kumar, Advocate 
(Expert) 15 November 2014
You have commented nothing about provisions of Constitution of the society.
Rightly opberved by Mr Jeevan Patil that you do not have the majority and cannot act over and above the society.
Sudhir Kumar, Advocate
(Expert) 15 November 2014
Further if your feel that something ultra-vires is happening can complaint to the Registrar.
Guest
(Expert) 15 November 2014
A secretary need not resign unless there is "no confidence" motion passed by, say 2/3rd majority of the AGM/SGM against him.
If resolution is passed by the majority of the house, the secretary has to follow the wishes of the majority and to sign MOU. He cannot act as an arbitrary authority or dictator of the society. A society is formed for the welfare of the majority, not for the minority or to work at the sweet will of the secretary.
Sudhir Kumar, Advocate
(Expert) 15 November 2014
As observed by Mr Dhingra there is no "no confidence motion" and there is no need for Secretary to resign.
If however, Secretary feels that he is being made to do something which accordingly to the Constitution of the Society and law of land is illegal he can resign himself and nothing can stop him.
you said
"As resolution passed in majority in SGM for dt..... for the redevelopment and Secretary has voted against it, which create technical problem, contradiction to move on further."
what is the technical problem - please specify
whether Secretary exercised VOTE or VETO.
