Objections on membership of Public Trust
Dr Shahid Nadeem
(Querist) 18 February 2016
This query is : Resolved
Respected experts.....
In 2009 year we have taken an election of a public trust by finalising newly inducted members as directed by the Charity Commissioner and put a change report .....during pendency of that change report with Assistant Charity commissioner , No member from rival group has objected the election process and induction of members , that means neither any written objection filled on that change report nor any objections raised regarding those newly inducted members up to the tenure of that change report expired i.e up to 5 years.... That means change report of 2009 remain uncontested ........
Due to term over we proceeded with new election and again put a change report in 2015 which is also pending with Assistant charity commissioner ..but on change report of 2015 rival group of members has taken objections on election process and presence of those new members who had participated in 2009 and same members shown in 2015 election..is that objection tenable or not ?????
Dr J C Vashista
(Expert) 18 February 2016
What is the condition/terms prescribed in the Memorendum of the Trust for "newly" enrolled member qua voting and contesting the election?
Besides this,local (State) Act/Rules on the subject are required to be referred.
Dr Shahid Nadeem
(Querist) 18 February 2016
Newly inducted members had completed their subscription process according to the constitution of the said public trust in the year 2003 , their names had been sent to the assistant charity commissioner in the same year for Approval along with a change report in the year 2003..due to long pendency of change report with charity commissioner said change report Came to be rejected By charity commissioner in the year 2008 with the Directions to hold a fresh election by finalising those new members who have already furnished membership process....
Accordingly we finalize them and took a new election by following due directions and in compliance with the order of assistant charity commissioner.and put a change report in 2009....
Then rival group of members neither attended the election nor they have filed any type of written objections to the said change report till it's tenure came to be expired in 2015 and we took a fresh election in which the rival group took objections on presence of newly inducted members ...
My questions are as follows...
1- objections of rivals group are tenable on membership of newly inducted members in the election of the year 2015 as they never arose such issues in the year 2009 election till the expiry of its tenure and Even never filled any written objections to the said elections if 2009??
2- As there is no objections on 2009 election change report, has it become valid & legal as the tenure has already expired in the year 2015and now it's just a mere academic ??
3- Consequently the change report of 2015 has validity as it is based on 2009/change report?
A. A. JOSE
(Expert) 20 February 2016
It is wise for you to consult a local Lawyer to effectively deal with your issues please.
