Legal Queries

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)
Tags: managing committee, MC Election, Nomination
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Sir, Our society is of 301 flats. We have just finished election in Sep 2016 and have first elected body after provisional committee. Wanted to know the present chairman and secretary are stepping down due to personal and proffesional work and ready to work as committee member. So can we have new members and what is the process for same.
Tags: managing committee, MC Election
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We are a large society of 950 members in navi mumbai Maharashtra who are going to have our FIRST general elections. The builder will handover to this newly formed committee. We will be forming a 19 member committee. The people contesting elections will be 26. Can you please tell us how voting will be done. (1) will eligible voter mark 19 members whom he deems fit out of 25 or (2) will he mark only 1 out of 25 or (3) will he mark 3 ie chairman, secretary and treasurer How does the ballot paper voting happen
Tags: MC Election
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