Legal Opinion-National Secretary resigned Legal Opinion-National Secretary resigned

Just to give you clear picture that the National Secretary resigned for his position in the AGM and got elected as National Vice President. However, he resigned as NVP also subsequently due to personal reasons.

The contention is whether the National Secretary, who has resigned and who has also resigned as NVP, is eligible being an Outgoing National Secretary to receive the Notices of the Meetings of the Managing Committee for the next three year term being an ex officio member or just because he resigned as NVP he lost his lien on both the positions as claimed.
Following is the relevant clause

"5.4.5: Co-option: To ensure smooth transition and accountability, outgoing National President, National Secretary and Controller of Examinations shall be the ex-officio members of the new Managing Committee for one term."

Abhimanyu Shandilya

Responded 5 months ago

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A.Dear Client
Does your byelaws define what would be the meaning of "OUTGOING"? whether it will be resignation or termination or retirement or all. Depending on that you can interpret the above clause in a better way.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 5 months ago

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A.Dear Client,
as you mentioned that he had resigned to his posts and not retired, he cannot be considered the ex-officio as an outgoing member.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 5 months ago

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A.Dear Sir,
He cannot be considered as ex-officio after his resignations from both the positions. Notices cannot be sent to him.
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