Last updated: 26 October 2018. If you follow our information and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take. Petitioners being members of the respondent no. The satisfaction has also only to be a prima facie satisfaction. Thus, in view of the above discussions, I have no hesitation to hold that the power exercised by the respondent no.
The enquiry regarding validity of the elections, where no rival committee has been set up, has to be confined under Section 16-A 7 of the U. Make sure you have the information for the right year before making decisions based on that information. An association's constitution may include additional qualifications for its committee members. Shri Anoop Trivedi, learned counsel for the respondent nos. If your organisation changes its tax administrator, for example a treasurer, office bearer or employee involved in the tax administration of your organisation, we provide a checklist to help you hand over its tax affairs to the new administrator.
From the bare reading of the aforesaid two provisions, it is evident that the powers conferred under read with of the Act upon the Registrar is an administrative power and it cannot be extended for adjudication of election disputes. The petitioners are none other than the members of the general body of the society and, in view of the decisions of this Court, they have no locus standi to file the present writ petition. . In the present case, the petitioners are the members of the general body. It is relevant to mention that prior to filing of the present writ petition, the petitioners have also filed another Writ C No. The CoA, the three office bearers have pointed out, has instead been busy making decisions that do not come under its purview. Our commitment to you We are committed to providing you with accurate, consistent and clear information to help you understand your rights and entitlements and meet your obligations.
Our common query, Who has the right to remove an office bearer of the committee in Housing Society? Sub- and of the Trade Unions Act, 1926 are the relevant provisions which are reproduced below :-. You must notify us about changes to your authorised contacts so they can make enquiries about your organisation's tax affairs. His mother-in-law is so officious that he does not let her visit his house. What is the role of authorised signatories? The Registrar under the Act or the rules has no power to direct the Trade Union to hold election. The said registration was duly renewed from time to time and lastly it was renewed on 28. I have carefully considered the submissions of learned counsel for the parties.
In my view also, the appropriate remedy to challenge the determination of the list of the electoral college cannot be adjudicated in a writ jurisdiction under of the Constitution of India and the appropriate remedy for the petitioners is to file a civil suit. The committee sometimes called the 'committee of management' or 'board' is responsible for managing the affairs of the association, in accordance with its constitution and the Associations Incorporation Act 2009 the Act. After notification of the election as aforementioned , the petitioners filed a Writ Petition No. I hope we other members are taken for the ride by this so called sctry bcoz other members are unaware of the exact interpretation of the law. For the past few months, the court has been postponing hearing the matter owing to a large number of issues of national importance on its docket.
Submit the completed form and fee to a. However, the public officer is not automatically a signatory to the association's bank account. However, there shall be no order as to cost. In the case of Committee of Management, Vaidik Inter College and another Vs. Having given my thoughtful consideration in the matter this Court is of the opinion, that the petitioners are not entitled for any relief.
The proper course open to him was to approach the Civil Court and to seek an appropriate relief. This Court held that the petitioners had no locus standi and the Writ Petition at their instance was not maintainable. Our attention was also invited to the judgment of another learned Single Judge of this Court in Hotel the Land Mak Employees Union, Kanpur Vs. This helps us protect your organisation's privacy and provides them with access to the information they need. Petitioners have filed Writ C No.
An association's constitution should contain a provision regarding payments made to committee members to avoid disputes. What records must be kept? The details of the interest must be recorded in the committee meeting minutes and in the Register of disclosed interests. The petitioners who claim themselves to be the members and Ex-office bearers of the respondent no. Officially he is on holiday — actually he is working on a new book. It is a simple and inexpensive way to establish a legal entity and limit the liability of members. Consequently, the petitioners cannot be held to be the rival committee of management. Chhabil Dass Agarwal supra relied by learned counsel for the petitioners is wholly distinguishable on the facts of the present case.
Recently both Rangnekar and Johri had filed petitions in the court highlighting the conduct of Chaudhry, who they alleged was imposing himself on them and interfering with the daily functioning of the board. What are the responsibilities of the committee members? Iv Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. Responding to that assertion, the CoA chairman Vinod Rai said that the contracts structure was sent to the board's finance committee well in advance, but the panel never reverted. In such a case the rights of the individual members of the society do not extend to file a writ petition to challenge the elections, the decision of the Regional Level Committee and the orders of the Joint Director of Education. Are we supposed to run the society as an normal Managing Committee till the election are declared or as a Caretaker Committee with no capital expense. We recommend you notify us of these changes as soon as they happen, to avoid delays.