Resignation of secretary orally

Rekha Joshi (Querist) 10 October 2018 This query is : Resolved
Secretary conveyed his resignation verbally in anger to mc but later did not give it in writing. But mc from then did not communicate to him abt the mc meeting dates or time due to which he could not attend any meeting after.Now mc is disqualifying him saying he has not attended three consecutive meetings. Actually no mc meetings had taken place after that incident. Later mc members signed the minute book as if meetings had taken place on certain days. The general body in its AGM reelected unanimously the secretary as they wanted him to continue as secretary.But now mc does not want to recognise him as Secretary.Is mc above general body in doing so?

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Isaac Gabriel Online

(Expert) 11 October 2018
The Management and the secretary is playing hide and seek game, it seems.Whaqt is the intention in this query?

Dr J C Vashista (Expert) 11 October 2018
What is there in your view ?
What is your locus standie ?
Seek professional services of a local lawyer.

Rekha Joshi (Querist) 11 October 2018
As a member of the society i feel the mc has violated many bye laws and secretary is wrongly sidelined by the mc as the general body which is supreme has re elected him.The mc cannot hold themselves above the general body and take decisions contradicting general body.If they had any objections then they should have spoken in the AGM which they did not.

Guest (Expert) 11 October 2018
Verbal resignation has no relevance in anyway.

But, in the dispute case between the secretary and the mc, nothing is clear from your description as to in what way you are concerned with the problem between them. Let them sort out the issue in themselves, as per the provisions of the society bylaws. They are free to approach the SRO to get their dispute settled or to appoint an administrator to look in to the affairs of the society.

However, if you have some direct link with their problem, you must come forward with your own real problem.

Kishor Mehta (Expert) 15 October 2018
The resignation has to be submitted in writing, it has to be legally accepted in a meeting of the Managing Committee and the acceptance of resignation has to be communicated to the resigning Secretary in writing under his signature. The general body of a Society does not elect a person to a specific post, members of the Managing Committee are elected at the time of election and the Administrative posts are decided amongst the elected members by themselves.

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