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Dissolution of managing committee not following the bylaws
16-Jul-2023 (In Corporate Law)
Hi, I live in a society where Managing committee and office bearers have been selected without the EGM or General body meeting. The so called office bearers are from previous managing committee and they dictate the terms as per their wish. In fact they moderate all the mail communications among residents. Our byelaw says "The Management Committee shall comprise of 30 members, elected in the Annual General Meeting by the rules and procedures laid out in these byelaws" How can we dissolve such Managing Committee which was not formed following the by laws?
If its a Society you can file a complaint with the Registrar of Societies. If its registered as any other body then you should file a case before the Civil Courts challenging the election and seeking for a declaration that the Managing Committee has been illegally formed.
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Adv. Sneha Nagaraj
Bangalore | 25+ Answers
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Firstly, you have answered it yourself. The Managing Committee does not have any right to survive when it breaches the basic of the terms of its creation and management. However you have not exactly said, what kind of Society you are living in. This is a very important question.
The Committee can be firstly sent a common notice by mentioning the breach and need for dissolving. Secondly if the Committee does not agree for the same. Apply for a notice in front of jurisdictional labour inspector or Magistrate and the problem will be taken care of.
Looks like byelaws have loopholes, you need to amend them.
The Committee can be firstly sent a common notice by mentioning the breach and need for dissolving. Secondly if the Committee does not agree for the same. Apply for a notice in front of jurisdictional labour inspector or Magistrate and the problem will be taken care of.
Looks like byelaws have loopholes, you need to amend them.
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Adv. Nachiketh Konapur
Bangalore | 25+ Answers
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Hi, Please object the irregularities adopted by the Managing Committee and Office Bearers by a memorandum signed by all the members of the society. You may also send a legal notice for immediate call of the bye elections to dissolve the Managing Committee which was not formed as per law. If still there is no action, then through an Advocate please file a dispute suit against the Resolutions passed in AGM which can be challenged in the Cooperative Court under section 91 of MCS Act 1960.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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