Complaint against resignation of secretary on medical grounds
24-Jul-2023 (In Property Law)
My father is the secretary of our co-operative housing society for last 4 years. However due to medical reasons and health he is unable to conduct his duties as a secretary. He wish to resign from the post and has drafted a resignation letter. However, by-laws it says that, the resignation has to be accepted by Chairman and a replacement for secretary has to be made before the resignation is effective. I want to seek your advice whether he can go ahead with a resignation and stop performing his duties if Chairman (who is also working as acting one) accepts his resignation and if no other member ready to accept the responsibility? In later case, whom he should inform and take himself out from the day to day operations.
Yes. He can stop working as a secretary of your co-operative housing society. If the chairman is not willing to accept your fathers resignation. Then that resignation along with medical all medical certificate sent by registered post to the charity commission of co-op socity of your area. And the cc is to sent to chairman. Also sent all the up to date accounts and registers also.
Nothing in law prevents your father from resigning as a secretary. Committee can appoint someone else from within the committee as a secretary. Neither Chairman or Committee or members can stop him from resigning from the post of secretary
This is my response to you:
1. What the bye-laws state is absolutely right procedure;
2. Once he tenders his resignation then the chairman has to accept it a mere formality;
3. Once the resignation is given the Chairman must hold an AGM and decide the new secretary;
4. Your father is not obligated to perform his duties because health is of major priority.
1. What the bye-laws state is absolutely right procedure;
2. Once he tenders his resignation then the chairman has to accept it a mere formality;
3. Once the resignation is given the Chairman must hold an AGM and decide the new secretary;
4. Your father is not obligated to perform his duties because health is of major priority.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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