Non abiding with bye laws or agm decisions
mangesh kurup
(Querist) 31 December 2015
This query is : Resolved
What can be done if the managing committee denies to abide by the AGM decisions or Model Bye Laws for housing societies?
Kishor Mehta
(Expert) 31 December 2015
Sir,
You can approach Co-Operative court, however this is a time, money and energy consuming process.
Alternatively a letter should be addressed to the managing committee setting out its various acts of omissions and commissions which are in contravention of the decisions adopted at the AGM and/or Model Bye-Laws of CHS, requesting them to amend their ways. A copy of the letter is to be forwarded to the Dy. Registrar of CHS of your zone with a request to take appropriate action in the matter.
If the managing committee does not pay heed to the letter and if the Dy. Registrar of CHS does not take any action, you may take recourse to RTI, which is a very powerful, tried and tested, weapon for general public.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 01 January 2016
I agree with the expert advise of Mr. Kishor Mehta.
However, no MC can dare to defy the Bye-Laws adopted by the Society, these are meant to follow in letter and spirit. You will have to specify (all) such actions taken by MC and report to RCS.
If RCS do not take appropriate action (as defined in Act) move to High Court.
Best wishes.
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
DR.VEDULA GOPINATH
(Expert) 01 January 2016
PLEASE CONVENE/CONDUCT ANOTHER EXTRA-ORDINARY GENERAL MEETING AND REMOVE THE PRESENT EXECUTIVE COMMITTEE AND CONSTITUTE/ELECT NEW EXECUTIVE COMMITTEE..
DR VEDULA GOPINATH
ADVOCATE/ARBITRATOR
vgnath@gmail.com
m 09866013121
ps. please send me bylaws to advise you better.
Sudhir Kumar, Advocate
(Expert) 01 January 2016
had there been facts given then more advise could have been given by experts.
T. Kalaiselvan, Advocate
(Expert) 08 January 2016
Agree with the experts, you may approach approach the registrar of cooperative societies with your grievances, if you do not get proper reply or response, you may approach cooperative court for relief and remedy.
