Removal of president under society act
Ajay Pandita
(Querist) 22 July 2016
This query is : Resolved
Can we pass No confidence motion against President in Education Society Act
Dear Team,
We have formed a 9 member team with memorandom to work in Education sector. Around 3 months back we have registered it under Society Act in Maharashtra. We have President, vice president, secretary, treasurer and resr are members.
Kindly suggest, if we can remove or change the President through a No Trust motion, when we are only 3 months old. I came across a Indian express news report of Hon SC order in 2015 which states that a No Trust motion cannot be passed unless 2 years from the formation of a Society. Link shared below -
http://indianexpress.com/article/india/india-others/sc-no-trust-motion-against-co-op-office-bearers-only-after-2-yrs-in-office/
Kindly suggest and clear this confusion.
Regards..
Ajay Pandita
adv.bharat @ PUNE
(Expert) 22 July 2016
No as per Maharashtra co-operative society act 1960 you can't take action as per SC direction. But it depend up on the byelaws of society.
Ajay Pandita
(Querist) 22 July 2016
Your answer is still not clear. The society has to follow the society Act 1960 and Hon SC direction. Then which byelaws will override it.
We dont have any mention of such provision in our memorandum when we registered.
So, shall i consider that President has to serve for mimimum 2 years before any such action can be taken.
R.K Nanda
(Expert) 23 July 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 23 July 2016
Memorandum / bye-laws of the trust / society are guiding factors. If there are no provision in the memorandum, you can not remove.
P. Venu
(Expert) 23 July 2016
From the facts stated, institution is a registered Society and not a Cooperative Society.
Ajay Pandita
(Querist) 23 July 2016
Yes Mr Venu, it is a society registered under society act in maharashtra. It is not a cooperative society. We are working in Education sector.
Does this make any difference ?
P. Venu
(Expert) 23 July 2016
You may go through the Judgment cited by you at http://judis.nic.in/supremecourt/imgs1.aspx?filename=42494.
Ajay Pandita
(Querist) 24 July 2016
Link does not work. Kindly send correct one or please share order number and year.
Also, What is your opinion.
Ajay Pandita
(Querist) 24 July 2016
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3047 OF 2015
(Arising from S.L.P. (C) No. 6237/2014)
Vipulbhai M. Chaudhary ... Appellant (s)
Versus
Gujarat Cooperative Milk Marketing
Federation Limited and others ... Respondent (s)
WITH
CIVIL APPEAL NO. 3048 OF 2015
(Arising from S.L.P. (C) No. 3799/2014)
AND
CIVIL APPEAL NO. 3049 OF 2015
(Arising from S.L.P. (C) No. 5270/2014)
Ajay Pandita
(Querist) 24 July 2016
The above civil appeal 3048 of 2015, SC order clearly states in page 36 that, No confidence motion can be passed against an office bearer only after him being there for 2 yrs in office.
This order is for cooperative society. Will it make any difference for our Society which is registered under society act and not cooperarive Society.
Guest
(Expert) 24 July 2016
Ms. Ajay Pandita,
It is not understood, why you are giving stress mainly on the SC judgment. SC judgments do not have universal implication unless a competent court gives relief on the analogy of that judgment.
So, based on the deficient facts given by you I can well say that the said judgment cannot be enforced on your society, unles you get some specific order from the competent court of law.
Moreover, the judgment is very clear about the circumstances and condition for no confidence. If you can't infer anything out of that, you may better consult your law teacher, as yours is nothing except an academic query.
Evn otherwise, your query
Ajay Pandita
(Querist) 25 July 2016
Thanks Mr. Dhingra.
I come to a conclusion that in line with SC judgement, the member has to complete min 2 yrs in his position as President and only after that a no confidence motion can be brought in.
And if still there is a point of contention, then a relief can be sought from court refering this judgwnent.
Guest
(Expert) 25 July 2016
No comments on your conclusion. You should not expect 100% spoon feeding.
M V Gupta
(Expert) 25 July 2016
In my view the judgement of the SC cited by the querist does not apply to the Querist's Society as the above judgement relates to a Cooperative Society and not a Society registered under the Societies Registration Act, 1860. Hence the issue as to whether the President of their Society can be removed by no confidence motion within three months of registration of the Society will have to be decided in the light of the bye laws or rules framed by the Society under Section 9 of the Act. The Act is silent on the issue.
Ajay Pandita
(Querist) 25 July 2016
Statement from SC order, point 54,page 38
Having regard to the set up in local self-governments prevailing in many of the States as above, we direct that in the case
of cooperative societies registered under any Central or State law, a motion of no confidence against an office bearer shall be moved only after two years of his assumption of office.
Wondering is there is separate Act for society and cooperative society. Will this ruling not apply in any case sith respect to removal of office bearer.
P. Venu
(Expert) 26 July 2016
What is the real issue? Are you concerned that the President was removed too early?
Ajay Pandita
(Querist) 26 July 2016
Issue is, if President can be removed through a No trust motion in a society registered under society act or not. The society is formed just 3 months back.
The SC order 3048 of 2015 on Cooperative society directs 2 yrs as minimum period to bring sucb a motion. Will this be applicable to our society as well.
Guest
(Expert) 26 July 2016
Ms. Ajay Pandita,
Why try to stretch thread unduly to get answer to your academci query?
You have also not mentioned what position do you hold in the society?
In fact, there is no logic in discussing on the SC judgment, as according to your profile, you are neither a lawyer, neither you are competent to enforce any other society's judment on your society.
However, motwinthstanding whether your society is only three month old or ten years old, you have to act according to the provisions of the byelaws of the society. If no provision is there, you can't remove the president, unless your society amends its byelaws by passing a valid resolution as per byelaws.
If you are still not satisfied, ou should either consult the Ragistrar office or hire a lawyer to gt relief, as you don't have any legal authority to enforce any other society's judgment on your society.
However, if you believe that the restriction imposed by the judgment is also applicable on your society also, why not acted upon the order of the judgment rather than unduly stretching the thread of your query, WHILE THE QUERY HAS ALREADY BEEN RESOLVED BY APPROPRIATE ADVICE BY VARIOUS EXPERTS.
M V Gupta
(Expert) 27 July 2016
Cooperative Societies Act is different from the Societies Registration Act. Educational institutions not working with profit motive are registered as charitable institutions under the Societies Registration Act which is a Central Act. The Coop Societies Act is a state Act.
Ajay Pandita
(Querist) 27 July 2016
Some info -
Cooperative Societies Act is a Central Act. However, ‘Cooperative Societies’ is a State Subject (Entry 32 of List II of Seventh Schedule to Constitution, i.e. State List). Though the Act is still in force, it has been specifically repealed in almost all the States and those States have their own Cooperative Societies Act. Thus, practically, the Central Act is mainly of academic interest. - - – As per preamble to the Act, the Act is to facilitate formation of cooperative societies for the promotion of thrift and self-help among agriculturists, artisans and persons of limited means.Cooperative Societies Act is a Central Act. However, ‘Cooperative Societies’ is a State Subject (Entry 32 of List II of Seventh Schedule to Constitution, i.e. State List). Though the Act is still in force, it has been specifically repealed in almost all the States and those States have their own Cooperative Societies Act. Thus, practically, the Central Act is mainly of academic interest. - - – As per preamble to the Act, the Act is to facilitate formation of cooperative societies for the promotion of thrift and self-help among agriculturists, artisans and persons of limited means.
So, when Act 1860 does not specifically talk about minimum time passed befofe No trust motion can be used. What do we conclude.And what impact does this SC judgement will have.
dr g balakrishnan
(Expert) 29 July 2016
as per your MOU AA you submitted to the charity commissioner, as schools fall under charity commissioner pls, so those documents could work pls
Ajay Pandita
(Querist) 02 August 2016
I would need legal help on the matter. Someone who can, kindly share your conatct number and email id.
Thanks
adv.bharat @ PUNE
(Expert) 03 August 2016
i have given opinion considering it is as residential cooperative society.
After through discussion it came to know that it is education society.
The fact u state from SC would not be as applicable to your case since other fact were not matching to the judgement of Sc.
