Defaulting members are allowed to attend agm

 In ashok chvan and mahadev kelker and others 2014 the supreme court has held that member of the registered society deliberately making default in payment of maintenance shall be stopped to vote and attend meetings.

The committee can decide further course of action against the members who have intentionally defaulted the payment of maintenance amount to the association as per the bye laws meant for it.

You may peruse the bye laws once again fully, and discuss with the committee members about the legal action that can be initiated as per the bye laws.

If need be, this may be discussed in the special or next general body meeting and a resolution may be passed on all such issues so that this is not repeated by any other member too.

Thank you Mr Kalaiselvan

Presumably it is a cooperative group housing society registered with State Registrar Cooperative Societies Act, isn't it ?

If so, besides recovery of outstanding amount (either through RCS or Court) the defaulter member(s) may be expelled under the rules. Law is absolutely clear on the subject for which your MC has to be proactive.

If you are a Delhite and feel so, may contact me on appointment.

You are  welcome for your appreciations

Dear Mr. Kalaiselvan

I tried to retrieve the SC judgement stated in your earlier reply but not able to trace it anywhere including SC site also. If you have a copy of the same, please share with me or pl. provide full citation details.

Thanks in advance.

Ajai Jain

ajai.9820101062@gmail.com