How  can we move legally against the association How can we move legally against the association

4 months ago

Committee is formed on caste basis n the executive body is duely acting as per their own interest

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960.. Bye Law No 172. Complaint application(preferably mass complaint) to be submitted to the Society. Bye Law No 173. Committee's action on the Complaint Application - After receipt of such complaint application, the committee shall take a decision thereof, in the immediate next Managing Committee meeting. Such decision shall be communicated to the concerned Members, within 15 days thereafter. Bye Law No 174 - If the Member/Members are not satisfied with the decision of the Committee, or do not receive any communication from the Committee within 15 days, the complainant Members may approach the Co-operative Court as per Bye Law No 174(b) of Model Bye-Laws. The Co-operative Court adjudicates the disputes between the Members and/or the Members and Society including the dispute related to the elections of the Managing Committee of Society amongst others which falls under Section 91 of the MCS Act 1960. So, when it appears to you that the Committee is formed on a caste basis (which is highly discriminatory and biased) in the executive body of the Society, you may follow the aforesaid provisions of the Bye-Laws of the Society to resolve the issue.
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Anik

Responded 4 months ago

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A.Dear Client,
Based on the limited facts Provided if you believe that a committee formed on caste basis is acting in a manner that is not in the best interest of the organization or community, it's important to address the issue in a constructive way. Start by documenting specific instances where you observe actions contrary to the organization's goals or policies. Engage in open and respectful communication with the executive body, expressing your concerns and seeking clarification on their actions. If internal dialogue does not lead to resolution, consider bringing the matter to the attention of higher authorities within the organization, or explore external channels such as legal avenues or relevant regulatory bodies. Promoting transparency, fairness, and adherence to organisational principles should be the focus to ensure a more equitable and inclusive functioning of the committee.
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