How co-op society can function proper with false litigation

850 votes

You are correct. Such members do not have a right to continue as members of the manager committe. Petitions can be filed in appropriate forums for removal of such members. If there is a deadlock in management the entire committee can also be dissolved and fresh elections be held. should you have any queries please feel free to contact me

Advocate Kunal Seth LawRato

530 votes

A committee member does not automatically lose the right to continue on the managing committee merely because civil, criminal or police proceedings are pending against another committee member. Mere pendency of litigation or personal disputes between committee members is not, by itself, a ground for disqualification unless the applicable Co-operative Societies Act, Rules or the society’s registered bye-laws specifically provide otherwise, or a competent authority/court passes an order removing or disqualifying such member. However, if the internal disputes have reached a stage where the managing committee is unable to function effectively or decisions cannot be taken in the interest of the society, members may invoke the remedies available under the relevant State Co-operative Societies Act by approaching the Registrar/Deputy Registrar of Co-operative Societies for appropriate directions, supersession in exceptional cases, or conduct of fresh elections, depending on the facts. If any committee member is misusing his position or acting contrary to the bye-laws, appropriate proceedings can also be initiated before the competent authority. Therefore, the mere fact that committee members are litigating against each other does not by itself disqualify them from continuing on the committee, but their conduct and the applicable statutory provisions and bye-laws will determine whether any action can be taken against them.

Advocate Yuganshu Sharma LawRato

547 votes

There seems to a question of legal rights in your query. The simple answer is ‘Yes’. Merely because someone is a member of committee or not does not preclude them from addressing grievance in the court of law. However any litigation undergoes trial, l and strict proof of allegations. Right of any member is governed by the bye laws of the society. Thus, perusal of the same is crucial to give you better answer. Feel free to connect. Thanks

Advocate Bhawana Pandey LawRato