Legal Question in Civil Rights Law in India

Chairperson of our society {shivshakti chsl jogeshwari e,mum-60}has been removed under no-confidence under section 73 I-D of MCS act 1960 on 23/05/2013 in the office of Hon.Deputy Registrar wadala rto k-east,with 2/3 majority,but Mr.chairperson has not yet leting the other committee to open the office with the help of some arogent members he is threating the committee member for which we have lodge a complaint under 506 of indian penal code {threating to life} due to which the day-to-day duties of society are scrambled all the bills regarding electricity,water,watchman,sweeper,waterman,etc are pending & most important the maintenance from last 4mnths is also pending.

On the contarary Mr.chairman has formed a new caretaker committee with those arogant members ,now the situation is that we are gifted with 2 committee.

1.The original comm. & 2.The illegally formed caretaker comm.

I am the harrassed member of the society from past few months What should I do in this situation ? KINDLY GUIDE ME AT THE EARLIEST,THANK U!!!!!


Asked on 6/25/13, 2:58 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

25.06.2013

Dear Sir / Madam,

The Society cannot operate with two committees since it is mandated by law and it remains the responsibility of the Secretary of each and every Society to display a board containing the names of the office bearers of the Society at an appropriate location inside the Society. If the Society office keys are with the Chairperson, and he refuses to open the Office during working hours for the past 4 months hampering Society operations, you have very little choice but to request the Secretary to immediately lodge an FIR at the Jogeshwari Police Station and break open the lock of the Society Office and replace it with a new lock. I am also forwarding your query to my Accountant to do the needful to resolve your issue at the earliest.

Regards,

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Answered on 6/25/13, 8:09 am


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