Welfare society-rules & regulations-bye laws
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Dear Sir,
we have a welfare Assocaition in the corporatin limits of Hyderabad which was registered in 1980's-with Bye laws being amended as and when required.
Now we have a problem,that our Assocation is non Functioanl and Non Existent since 2009- the previous body which got electted for a two year term in 2007-09 subsequently had not conducted any meetings at all and had not submitted books of accounts ,only the secretary is still holding the post with literally no office bearers active in the body.As no activites were done,we had requested him several times to conduct elections but he didn't,finally as he is not obiliging we had served a notice to president givng him 21 days time to conduct elections,with more than 60% of the colony residents in favaour-but there was no response from him.
with majority of the colony residents in favour of electing a new body
we are planning to conduct elections with in a week, ,Please let me know what rights do we have and the procedures to be followed to elect a new body for the next two years.Can we take any civil or criminal actions against the previous body as they had not submitted accounts?
ajay sethi
(Expert) 21 December 2011
the welfare association must be a regsietered body . the bye laws adopted by Association must be containing grievance redressal mechanism. without perusal of the bye laws it would not be possible to advise you as to the procedure to be adopted for redressal of your grievance .
there must be a provision that on application of 1/r3rd of members special general boyy meeting should be called for holding fresh elections . after election the new Committee should file complaint before appropriate authority against office bearers for failure to furnish accounts
Querist :
Anonymous
(Querist) 21 December 2011
Thank you for your quick response,
Sir, You mean the meeting which we are planning to conduct be called a Special general Body meeting for electing a new body?
Do we have to pass a No-conifdence motion before we conduct the election process-if so what is procedure for that ?
ajay sethi
(Expert) 21 December 2011
i have advised you to read your belaws . what is procedure prescribed as per your bye laws .?
generally if requsition is signed by number of members requesting that EGM or SGm be called then as per agenda if majority of members want fresh elections be called and existing committee dissolved then such decision is taken and fresh elections are called for .
Shonee Kapoor
(Expert) 21 December 2011
Agreed with Mr. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 22 December 2011
As the term of the earlier office bearers has already been expired so there is no need to pass any no confidence motion against them as they have no lien against the post on expiry of their term. Moreover, you have already issued a notice over the previous president to conduct election as per bye-laws which has resulted no action on their part.
In these circumstances, it is better to have a meeting wherein more than 50% members of society mark their presence and pass a resolution to formally remove earlier office bearers from their post and direct them to handover the charge of the society to an adhoc committee and this adhoc committee be given a responsibility to conduct election as per bye-laws of society. Send the copies of all proceedings to the joint registrar of your area so that no person may take undue benefit of your bonafide action by directly approaching there and bringing adverse or intervening order therefrom.
Querist :
Anonymous
(Querist) 22 December 2011
Thank you Mr Sehti, Mr shonee kapoor and Mr Raj Kumar for your guidence.
