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Rumplestein (Developer)     21 December 2009

Society No-confidence

Hi,

Need help regarding Co-operative Society laws.

Ours is a society of 180 members.

Management committe claims to be elected unopposed.

No election process was followed.Since no nominations were called.

Half the society members are apathetic.they want no trouble.

but few of us(1/5th) want fairplay.We are short in number for No-confidence to be passed.

Can we request registrar for a re election and appointment of  an administrator.

Can such a request to registrar be overridden by managemnet committee or grounds of nuisance from this 1/5th group.

One thing is clear,this 1/5th of opposition are harrassed by the management commitee.

The MC is non-co-operative towards us.

We have stopped paying our maintainence to show our non co-operation.(we know it will act against us.) but we are really upset with the dictatorial and goony attitude of office bearers.

Kindly help.

 

 

 



Learning

 6 Replies

Gundlapallis (Advocate)     22 December 2009

Without a nomination a candidate cannot get elected unopposed.  You can challenge the undemocratic act of your management committe of the society irrespective of your minority position. 

Anil Agrawal (Retired)     22 December 2009

 Cost of stay: 50000

Cost of vacation of stay: 1 lac

Which do you prefer. The Dy. Registrar says that he has knowingly passed an illegal order and the applicant can go in appeal. He does not care.

What can you do? When a complaint of dereliction of duty against a Dy. Registrar is made, the Principal Secretary of Maharashtra Govt himself writes to Commissioner for Cooperation who also holds the post of  Registrar of Cooperative Societies in Pune. He does not care and does not respond.

What can you do? Go to Supreme Court? CORRUPTION MY DEAR SIR CORRUPTION!

Rumplestein (Developer)     22 December 2009

Is there no way such goonism can be stopped. We call ourselves democracy.

does that mean if your in minority,you have to live as slaves in the society and lick shoes of society office bearers.

Anil Agrawal (Retired)     22 December 2009

 When Mumbai HC was hearing a petition by a one member about redevelopment of society, one Judge said the majority cannot bulldoze the minority and even a single member objects, redevelopment can't take place.

The ink had not dried on this judgement, when within 48 hours a a two-member bench of the same court decided that minority has no right to block the decision of the majority.

What is democracy? Dictatorship of the majority. Yes, you can't do anything decided by the majority. Some fools think that General Body is supreme. Supreme? Then one day it will decide to change the s*x of the members.

The only thing it can't do is not to do anything that is against MCS ACT, RULES OR BYLAWS.

Rumplestein (Developer)     23 December 2009

Sir,

Your reply is insightful about the system.

But i am ready to fight for my rights.I am trying to arm myself with enough information and guidance from such forumns.

I have the will,guide me the way..

Thanks again for your time and patience

Anil Agrawal (Retired)     23 December 2009

 Please go ahead and fight. Registrar does not work at your bidding and if you give concrete proof of wrong doing then also he won't listen.

But I commend your determination.


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