MC members, including all office bearers, resignation en Masse
2 years ago
5 of the 7 members of our apartment association's management committee have resigned en masse recently. They have not yet shared the reason. The 5 include the 4 office bearers (president, vice president, secretary, treasurer). Hence, only two "members" of MC who are not office bearers are left. We do not have any bye-laws related to this particular situation. Do the remaining two continue in office and hold elections for the vacant 5 positions or is the entire management committee to be first dissolved and fresh elections to be held for all 7 positions of the MC? Also, in situations such as this, does the general body accept the resignation of the 5 MC members? Or does the registrar of societies have to be contacted for his acceptance? Apartment association and its current bye-laws are registered under the Karnataka apartment ownership act, 1972. This association was formed recently mid-Feb 2021 and these 5 resignations have come in barely 4 months after the formation of the association.
You may file representation before the concerned Government office for arranging new election since MC Members resigned En Masse. The said office may appoint somebody else for conducting elections and on the basis of such elections the affairs of the Society will be managed by new executive members.
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It would be the general body who would conduct elections for the 5 vacant positions. If there are no bye laws regarding this issue then your society could have an general meeting of all the members to decide what to do in the current situation and how to conduct the elections. And also to make new bye laws having all the laws for different situations.
Thanks
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In general for the election of vacant five members it would be the general body who would conduct elections for the remaining vacant positing. i would suggest you first go through the bye laws registered under the Karanataka apartmnet ownership act, 1972. It must have contain all the information your are requiring.
Thanks.
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