Violation of Co-operative Act.
I am a member of Shree Haridham Co-operative Housing Society Limited, Registered under Gujarat Co-operative Housing Socieities Act vide No.12505 dtd.12.01.1988. From the very beginning the society is adminstered by Registrar appointed adminstrator. The members of the Society had made several attempt to take over the adminstration in hand but the administrator never provided the statement of accounts to settle his account.
Very recently, The Registrar for Co-operative Socieities Gandhinagar issued a notice on 23rd January, 2011 cancelling the delegation as well as adviced to conduct election and submit the list of elected members to the Dy.Registrar
before 25th February, 2011. We discussed the matter with the adminstrator who are prepared to fly to U.S.A and he agreed to transfer the accounts to our nominated bank immediately his return to India. We proposed to conduct a meeting to prepare a committee of Shree Haridham Co-operative Housing Society Limited share holders and some peoples have vested interest disturbed the meeting. The deadline given by the Registrar get over and we could not establish a legal committee.
On 08th April, 2011 one Mr. K.E.Patel designated as Election Officer issued a notice informing the members that he is authorized to elect Five members and conduct an election. The statement could not understand to any one of the members. As per the Co-operative Act a society consists 366 members must have
11 members including 2 female members. Very important factor on this notice which we noticed is that they renamed the society as
SHREE HARIDHAM CO-OPERATIVE HOUSING SOCIETY LIMITED(VIBHAG 1)
Reg. No.16344 dtd. 04.07.1994.
as the members of the society have all legal documents shows it name as: SHREE HARIDHAM CO-OPERATIVE HOUSING SOCIETY LIMITED.
When we inquired with the administrator he informed us that the District Panchayat
had made this tributories as they have the right to do so. As per my knowledge for making any amenments in its act 2/3 of its share holders must passed a resoltuion in the absence of an elected committee. Since this society is under the adminstration of an appointed Administrator whether it is possible ? No members are aware about this drastic step taken as all applications, bank loans, guarantee documents, passport records, civic documents we furnished the documents of
SHREE HARIDHAM CO-OPERATIVE HOUSING SOCIEITY LIMITED.
having Reg. No.12505 dtd.12.1.1988.
Thous the society have the N.A and N.O.C. there is no Parking plots, Common Plots or adequate play grounds. Many neibouring encroached the main road of the society thereby security of the society also become impossible. There was a common plot provided by the Builder which had been engaged by the AMC to prepare their bore for their water supply facility. Most of the residents are keeping silence becasue of very few peoples with vested interest are not allowing to conduct a meeting or any development activities at this part. Therefore, please advice whether any of the above activities have its legal validity? The same person
declared as the Election officer signed on the attachment as the Adminstrator. I am not a professional in law exect a common Indian Citizen residing in Gujarat since from last 19 years. I have no any intention to insult or tarnish any member of the society and not with an intention to do so. My intention is very open without concealing any thing.
Please provide me a proper reply so that I can approach the higher authorities without any delay.