Legal Question in Constitutional Law in India

I have following Two Queries regarding functioning of our Co Op Hsg. Society situated at Andheri (W) Mumbai 400058.:

1) The Hon. Secretary of the Society issued notice dated 30/10/2010 for AGM on 14/11/2011 but the actual Notice was received by Members on 12/11/2011, just 2 days before AGM.

13 Members out of total 44 Members wrote Letter to the Secretary to postpone AGM & give reasonable time as per Bye Laws .However, the AGM was called on 14/11/2011 and subsequently adjourned for 05/12/2010. A notice to this effect was sent to the Members on 29/11/2011 indicating that the Managing Committee has decided that in view of non availability of the Chairman AGM is postponed till further notice.

Now on 06/04/2011 the Managing Committee sent a circular stating that on 14/11/2011 the AGM was conducted with a quorum of 14 Members and all the items on the agenda were discussed and passed and also stated that due to adjournment (on the request of some members) the item on the agenda regarding repairs could not be discussed.

It also stated in this circular dated 06/04/2011 that Managing Committee were unable to conduct the adjourned AGM since as per the Bye Laws it cannot under any circumstances hold AGM after 14th of November and notice sent earlier for postponed till further notice is cancelled and nullified and this is a joint decision of the Managing Committee.

PLEASE ADVICE THAT THE ABOVE ACTS OF MANAGING COMMITTEE IS LEGAL AND BINDING ON MEMBERS OR THE AGM OF 14/11/2011 BE TREATED AS NULL AND VOID? AND HOW TO RESOLVE THIS .

2) Further on 07/04/2011 Notice was given for EGM on 17/04/2011 on which 16 Members out of total 44 Members wrote back to the Secretary and Committee Members for postponement of EGM till 01/05/2011. The reason for postponement was certain burning issues were not incorporated in agenda (these pending issues are given in writing to the Secretary and Committee Members by Members vide 7 letters and also numerous verbal personnel requests to them in last more than a year), for immediate discussions which are for pending issues of more than a year and 16 Members requested to incorporate in agenda these issues.

In spite of the requests, the EGM(SGM) was called and conducted on 17/04/2011 ignoring requests of 16 Members as above and also without incorporating in agenda the issues raised. (The request in writing was sent 4 days in advance of scheduled SGM.)

Now I have following Query:

Can a Managing Committee. Postpone EGM(SGM) on a request of 16 members out of total 44 members and conduct the same unilaterally ignoring 16 Members?

PLEASE ADVICE THAT THE ABOVE EGM(SGM) IS LEGAL AND BINDING ON MEMBERS OR BE TREATED AS NULL AND VOID? AND HOW TO RESOLVE THIS ALSO.


Asked on 4/20/11, 7:25 pm

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

i have answered your question. Please check my answer.

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Answered on 4/20/11, 10:46 pm


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