Legal Support

Our Society had elections in 2012 for 5-year term though we were still using the 2004 Bye-Laws. 5 members were elected on 9 June 2012 & they decided among themselves on the Chairman, Hon Secretary and Hon Treasurer. On 4 August 2013, the elected Chairman resigned stating he had no time & had lost interest in Society affairs.In his place, a lady member was co-opted. Another one of the remaining 4 was appointed as Chairman. On 1 July 2014, the new Chairman resigned as he was transferred out of Mumbai. In his place,another one of the original 5 was appointed as Acting Chairman But On 28 Sept 2014 on the completion of the AGM (which was very heated as the Accounts had not been audited; there were members dissatisfied with the way the Society was being run and also there were many mistakes in the Unaudited Accounts circulated) this Acting Chairman also resigned. There being just 2 of the original 5 elected members (and 1 co-opted member)left; they decided to co-opt one more member but nobody was prepared to be the Chairman. At the 2015 AGM too, held on 29 Sept 2015, once again the Audited Accounts were not presented to the members so Audited Accounts for 2013/14 and 2014/15 were carried forward for a Special GB meeting. This was held on 3 April 2016 where some members protested that the previous 2 years Accounts had to be passed only after getting written authorization from the Registrar. Others said that it could only be passed at an AGM. So they were left. In the meantime due to the shoddy state of affairs, there was an uproar at the meeting and the entire MC (2 elected and 2 co-opted) resigned and demanded elections. Wiser counsel prevailed and 2 more concerned members were co-opted onto the MC to help the 4 put things back on track. At the AGM of Sept 2016, there were hardly any members present for the meeting, so they passed all 3 years Audited Accounts and other matters too without any reference to the Registrar. I seek your advice whether the MC were properly functioning without the involvement of the SCEA from early 2014 in terms of Election Rules or in terms of the Amended Act 2013. Can you help us ; I am a senior citizen of 74 years but a very concerned member. Capt E Sylva (Retd)

Conversation of Legal Support

Adviser: Since the term of the elected committee was for 5 years, they have an option to co-opt the members. However, post recent amendment we can not co-opt the members for the vacant position. As per new rules we need to have 11 members and incase if the total no of the members are less than 6 then you may call for the fresh election by holding the Special AGM. Once the new committee is constituted in accordance with the revised rule, the new committee can call for the re-audit for the accounts after taking the decision in the AGM and request registrar to appoint the auditor for the same. After receipt of the satisfactory reply of the auditor the same can be approved in the AGM to regularize the past account.

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