Members , Responsibilities & Rights

Part -10

v     Statutory Provisions For Expulsion Of A Member

ü      Rule 29 Procedure for expulsion of members

(a)    Where any member of a society proposes to bring a resolution of any members, he shall give a written notice thereof to the Chairman of the society. On receipt of notice or when the committee itself decides to bring in such resolution, the consideration of such resolution shall be included in the agenda for the next general meeting and a notice thereof shall be given to the member against whom such resolution is proposed to be brought, calling upon him to be present at the general meeting, to be held not earlier than a period of one month from the date of such notice and to show cause against expulsion to the general body of members. After hearing the member, if present, or after taking into consideration any written representation which he might have sent, the general body members shall proceed to consider the resolution.

(b)   When a resolution passed in accordance with sub-Rule 29(1) is sent to the Registrar or otherwise brought to his notice, the Registrar may consider the resolution and after making such enquiries as he may deem fit, give his approval and communicate the same to the society and the member concerned. The resolution shall be effective from the date of such approval.

ü      Bye-law No. 51 of the Bye-laws of the society

A member of the society, who has been expelled from its membership, shall be eligible for readmission to membership in the society, until expiry of the period of one year from the date of his expulsion, provided that on the recommendations of the meetings of the general body of the society, the expelled member may be readmitted to its membership, as a special case before the expiry of the period of one year, with the prior permission of the Registering Authority.

Case Law:

Tajnagar Co-operative Housing, Nanded v. Fateh Mohammed Maulana, 2002 (5) Mh. L.J.495. Resolution expelling Respondent No. 1 to 28 from membership of Petitioner society. Mandatory procedure with respect to notice was not followed, resolution expelling Respondents No.1 to 28 members was allegedly passed by two-third majority and not three fourth majority of members as required under section 35 of the Act. Thus, it was held illegal.