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Devin Chopra (na)     05 December 2008

How to proceed against a Corrupt CHS Chairman

Greetings Everyone,

Like most other people in Mumbai, I reside in a CHS society [Mira Road E] and like most CHS societies we have a few people responsible for running the society, who had volunteered to take up this responsibility after moving into the new building - since they appeared to be knowledgeable, capable and HONEST!

Since last three years, our CHS has graduated from being under builder's control to a registered society - however, the only thing that hasn't changed is the position of the 'Adhoc Committee', which should have rightfully held an election in the society immediately after registering it.

The main problem is that the Chairman, along with the Treasurer, Secretary and a few other unruly bunch who run a cultural committee which is responsible in collecting funds from the society residents for organizing religious festivities in the society, does not wish to let go of his autocratic grip on the society.

Now that you know a little background - let me come to the point.

This autocratic Chairman and his cultural committee buddies have not submitted any accounts for the last 2~3 years that they have been running their dominion - we tried to hold an election in the society on a couple of occasions to make this despot accountable, but he has managed to insidiously sabotage the elections.

Residents have lost hope and are demoralized trying to find ways to bring order and accountability in the society!

I seek advice from this respectable forum to please guide us in dealing with this predicament.

Thanking you,

Devin Chopra
devinchopra@gmail.com



Learning

 11 Replies

K.C.Suresh (Advocate)     06 December 2008

Whether its a registered society? if so under what law?

K.C.Suresh (Advocate)     06 December 2008

The aims and objects in the byelaw of the socity? The rules regarding the chairman and other office berers?

Devin Chopra (na)     06 December 2008

Yes its a registered Cooperative Housing Society - falls under the Thane Registrar's jurisdiction.

Devin Chopra (na)     06 December 2008

Hi Sureshji,


I did not follow "The aims and objects in the byelaw of the socity? The rules regarding the chairman and other office berers?"


What do you mean by this?


Thanx,


Devin


 

K.C.Suresh (Advocate)     07 December 2008

No furher details required. Thanks for the avialable details. You can proceed to Anti-Corruption Bureau against the chairman for corrupt activites. He is a public servant under the prevention of Corruption Act. Becuase the society is controlled by the Registrar i.e., the Government. If they are getting any aid or grant in any form that is aan dded circumstamnce to bring them under the Prevention of Corruption Act. The Special Court constituted under the PC Act can invoke section 156(3) of Cr.P.c and send the complaint to Vigilance for registering a case and to investigate against a Public servant.

N.K.Assumi (Advocate)     07 December 2008

Dear Chopra Ji, just call a general meeting and point out the irregularity and high handeddness of the Chairman and his cotarie in the society and remove them.

sunil (IT)     11 April 2009

Hello Everyone, sorry to butt in on this very interesting post. I too face a similar issue and am being stonewalled by the corrupt Chairman-Secretary duo. Unlike as shown in Hindi movies though, no meber risks to raise thier voice against this duo.

An impressive suggestion made by Mr. K. Suresh as to approach the ACB. Can anyone confirm if this has been tried before and the measure of success that was gained.

Thanks in advance for your assistance. God Bless.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     12 April 2009

Dear All,
APOLOGIES, BUT...
The office bearers of the CHSociety (i.e. Chairman, Secretary & Treasurer) are only "deemed public servants" created by a legal fiction u/s 161 of the MCS Act. and they are not real "public servants" as required u/s 21 of the IPC.

Hence the ACB cannot really prosecute the office bearers of the CHSociety for corrpution etc... under the "prevention of Corrpution Act" or the Indian Penal Code. 
see (Ramesh Balkrishna Kulkarni v. State of Maharashtra (1995) 3 SCC 606 (AIR 1985 SC 1655: 1986 Cri LJ 14 ))

Some details can be studied at https://acbmaharashtra.org/legal_ch6.asp .

Till then,
Keep Smiling ... HemantAgarwal
09820174108

rajiv (ceo)     09 April 2010

can anyone guide what to do when adhoc commitee is oepration and builder Rashmi Housing pvt ltd is not ready to file society registration, and person appointed chairman making huge bearer chq payments and buying computer without approval from

rajiv (ceo)     09 April 2010

whom must be approched for juctice if


1)  co operative society registration is not done and adhoc commitee is operational.

2) adhoc commitee chairman is not the first holder of the flat

3) adhoc commitee is not taking sanctions for capital expenditures like buying computers and society gates..without AGM or without 42 wing members from 14 wings.   they had appointed one wing represetative  but in their meeting no such computer buying was dicussed  even then they bought

who will take action ?.

rajiv (ceo)     09 April 2010

whom must be approched for juctice if


1)  co operative society registration is not done and adhoc commitee is operational.

2) adhoc commitee chairman is not the first holder of the flat

3) adhoc commitee is not taking sanctions for capital expenditures like buying computers and society gates..without AGM or without 42 wing members from 14 wings.   they had appointed one wing represetative  but in their meeting no such computer buying was dicussed  even then they bought

who will take action ?.


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