Illegal Cooption of 3 members on Managing Committee

 January 19, 2021

The Dy Registrar of Co-op Societies,

Thane City

Thane.

Dear Sir,

This has reference to my earlier letter sent to you via email, on January 14, 2021 on the subject cited above.

I am attaching herewith the copies of the Agenda of the Managing Committee meetings of Saket CHS Ltd from August 2020 to December 2020.

You see that nowhere on the Agenda has the subject of Cooption of members been mentioned in any meeting in the past 5 months.

Suddenly, without any intimation to any members of the Managing Committee or the Society of 672 members, the office bearers co-opted 3 people, which is done on the sly and is illegal.

I request you to cancel the Cooption and also declare the January MC meeting attended by these 3 people and all decisions taken in it as ultra vires and illegal.

Please uphold the law.

Regards,

Dayanand Nene

Member, Saket Managing Committee.

January 14, 2021.

The Dy Registrar of Co-op Societies,

Thane City,

Sir,

With reference to the above, I want to bring to your notice the continued violations of Byelaws by the Office bearers of Saket CHS Ltd.

Yesterday, I received a notice intimation of a Managing Committee meeting convened by the Office bearers.

I was shocked to see names of 3 new members whom the Office bearers had co-opted on the Managing Committee - without giving proper intimation of the same to us - other Managing Committee members or following any proper procedure.

I immediately recorded my objection on the intimation sheet (attached)

Sir, the law states as under:

The question of admitting a member(s) to the Management Committee can arise under two circumstances namely through periodic general election to reconstitute a committee upon expiry of the tenure. The other is filling up a casual vacancy. The CHS Act 2019 permits the smaller housing societies (less than 250 members) an in-house election process at general body meetings vide Section 2. It has inserted the following proviso to Section 73CB (11) of MCS Act which required cooperative societies to inform SCEA to organize elections to Committees including filling up of casual vacancies.

The Management Committee was permitted to fill up casual vacancy by co-option in case the remaining tenure of the Management Committee was less than half. In other cases the societies had to inform SCEA requesting for supervision of election for the required number of seats. Proviso for in house elections in smaller housing societies reads as under:

“Provided further that, in case of housing society having less than or up to 250 Members, the elections of the Committee shall be conducted by the said housing society in the manner as may be prescribed.”.

This proviso should mean elections to fill up casual vacancy after half the tenure of the Management Committee has expired can be conducted in special general body meetings.

1) Saket CHS Ltd is a society above 250 members so they should have intimated the SCEA and then conducted the Cooption under its guidance and in consultation with all other Managing Committee members by putting the subject properly on the agenda of the MC meeting with prior intimation.

This was not done.

2) Saket CHS Ltd. Managing Committee term had expired in March 2020.

The Committee is alive on the extension given by the Government due to Covid.

3) The MC has misled the people in the extended term that all powers of the General Body have been conferred on the MC and have been spending money rampantly without permission.

4) As anyway elections to the MCs of expired terms of CHS above strength of 250 members was due immediately after December 31, 2020, I fail to understand the need for the hush hush Cooption in the final month of the extended term.

I request you to declare the Cooption as null and void and in view of the continued purposely done violations, with no respect for law, please debar the Managing Committee.

Regards,

Dayanand Nene

Member, Saket Managing Committee.