Co-Operative Housing Society Secretary does not coperate.

You all may get lodged FIR against him for illegally misappropriating the properties of your society. and you may simultaneously send a notice to him and may demand the needful within a day or two failing which all society managing members may break lock and take forceful possession in the presence of Assistant Registrar of soceities so brneg this matter to his knowledge.

Dear Sir,

Thank You for your quick response..

He has stored all the important  documents related to society, in his house and the keys are aslo with him, He demands General Body Meeting , We dont understand that If Managing Commitee Passes the resolution of Interchanging the responsibily of the Commitee members then do we need to call general body meeting ?

For Precaution, we have informed all the 60 Members of the society regarding the Resolution done via Written Circular..

As he told one of the commitee member that he will call general body for this issue, is that is right? do we need to call the general body meeting for commitee's internal resolution ?

We have already given him time of 20 Days to handover, Should we give chance to him call the general body meeting ? before taking legal action..

Kindly Suggest

Thanks

Kiran Pawar

Kindly Suggest.

Dear Sir,

As per the Suggestion we have drafted the Notice to the Secretary, Kindly find below matter and suggest changes if any.

To,

Mr. Prashant Kalkar,

4/15 Shilpakar C.H.S.

Arya Chanakya Nagar,

Kandivali (East ),

Mumbai  400101.

Notice:

As per the resolution done on 19-04-2011 in the Managing Committee of our Society, we all have decided to rotate the responsibility (Portfolios) to other committee members; according to this resolution you have agreed to give charge to Newly Selected Secretary and Treasurer on 24^th Apr 2011.           

On 24^th Apr you didn’t came to Office to give Handover, so as a result we have to call Managing Committee meeting on 27^th Apr for Handover Process, On 27^th Apr 2011  also you didn’t attended the  Managing committee meeting. As well you have refused to give Keys of Society Office to conduct the meeting.

In the Next meeting you had promised us to give Handover (Charge) on 8^th May 2011, the same has been noted in Managing committee minutes Book. However on 8^th May 2011 you didn’t come in the Society Office to give handover (Charge), and you refused to give handover over the phone to one of the committee member (Mr. Mandar Ranade)

Despite of Giving Many Chances and enough time to you for the Handover Process, you are not Co-Operating with Managing Committee Members for the Resolution Passed in Managing Committee Meeting, It seems that you are taking law in your own hand, which we think is not beneficial to Our Society.

Looking at the above matter, In Interest of society we would like to bring to your Notice that “If You will not Handover the charge of the society Documents with in Next 48 Hours”, we unwillingly have to take appropriate legal action against you which may deem fit at your Risk and Cost.

Further we also would like to bring in your notice that you alone are not empowered to call General Body / Committee Meeting without consent of Managing Committee Members and without Proper Agenda. If you call any meeting which is not fitted as per above condition will be treated as you have called it arbitrarily and thus such meetings will be treated as illegal and not valid.

Regards,

Shilpakar CHS Committee Members,

Thanks

Kiran Pawar

It appears to me that you have unnecessarily messed up things. Generally the tenure of a Managing Committee is 3 years. Under the Model Byelaws Chairman, Secretary etc are elected by the Committee at its first meeting after election and the Officers continue as Chairman or Secretary for  the entire 3 year period. Do your byelaws provide for rotation of the posts within the 3 year period?

Whatever may be your answers to the above questions, the only way you can remove a Secretary is by bringing a no-confidence motion against him within the Committee. The procedure and requirements for this will be available in your byelaws. If you have any further question write again.