Removal of existing body in a soceity
Naveen Kanth Dasari
(Querist) 16 February 2023
This query is : Resolved
Hello Experts,
I am a lawyer I have a query regarding removal of existing body and appointment of new body in a society through court.
A religious society is registered in 2010 in Telangana and since then they are conducting religious work & services through the society, however since few years the members of the society is misusing the funds of the society which is collected from the public and also not showing any account statements of society or books of accounts as how much fund is being collected and how much is spent, a land was also purchased in the name of society in the year 2011 but the body members are not giving any details of the land as well and when questioned they are threatening the public by stating that they will file false criminal complaint against them whoever questions.
Now my query is can i file a case in the Civil Court praying the court to remove the existing body and order for appointment of new body or do I have to file a case before the Arbitrator and what will be the court fees.
Thank You.
Naveen Kanth Dasari
(Querist) 16 February 2023
please suggest waiting for your opinions and views
kavksatyanarayana
(Expert) 16 February 2023
You have to state all the facts about the committee before the Registrar of Societies of your district and apply a copy of the members' list filed before the Registrar. If you do not receive notice from the Registrar of Societies for inquiry then you can file a case in a court of law.
Sudhir Kumar, Advocate
(Expert) 18 February 2023
No need to go to court. Registrar is sufficient.
The statement of counts can also be compelled through Registrar.
I hope they are also not conducting General Body meedting
Isaac Gabriel
(Expert) 18 February 2023
Seek information through RTI,Collect information and consult lawyer.
Sudhir Kumar, Advocate
(Expert) 26 August 2023
RTI applies on the public institution which have right to compell information from elected body.
A long way in case of body corporate.
Just visit registrar office and see the papers they had been filing over the years.
Also read society constitution (available in registrar office if not provided by them) to see if any activities ultra-virus to the same is being conducted.
Such record will also give you insight if any GBM is conducted as per institution of society and whether any elections are being conducted. If not you can request the registrar for appointment of Administrator by removing the governing body.
feel free to contact.
