EOGM DT 11 OCT 2015 - PASSING OF BUDGET.
MINUTES
--------- MINUTES ARE AWAITED ------
06 SEP 2015
MINUTES
OF THE EXTRAORDINARY GENERAL BODY MEETING (EOGM) OF RAM VIHAR APARTMENT OWNERS
WELFARE SOCIETY (RVAOWS), HELD ON 06 SEP 2015
Background
1.
The EOGM on 06
Sep 2015 was called consequent to the Resolutions passed by the General Body of
Ram Vihar Apartment Owners Welfare Society during its previous meeting on 11 Aug
2015 (copy attached). In brief, these Resolutions were as follows:
(a)
The previous
Executive Committee elected on 05 Jul 15 stands dissolved in view of the
resignations of 5 out of 6 of its office bearers.(Refer Para 8 (c) of RVAOWS Bye
Laws).
(b)
Fresh Elections to
be held on 06 Sep 2015.
(c)
An Interim
Committee be set up to run the day to day affairs of the society till such time
fresh elections to the EC are held (06 Sep 2015).
Quorum
2.
The meeting began
at 10.45 am on 06 Sep 2015. Brig Ashok Anand,(r/o A103) was in the chair. 44
members were present, as per signed attendance sheet (copy attached). Required
quorum is 20. Therefore the quorum was declared complete.
Preliminaries
3.
Brig Anand
explained the circumstances in which the meeting was being held. He also
informed the General Body that the Society Offices and Society Community hall
had been illegally locked up by Dr Shalinl Singh and her husband Dr Shekhar
Kashyap with their personal locks, despite these premises being Society
property. This was strongly objected to by the General Body, who recommended
that a police complaint be lodged against these two
individuals.
Letter of Dy
Registerar Pasted at Various Society Locations
4.
The chair then
proceeded to read out the contents of Deputy
Registrar, Firms, Societies & Chits, Vikas Vihar, Mohanpuri, Meerut, letter
no 31671-34088-m/Meerut dated 03 Sep 15 addressed to Dr Shalini Singh,
r/o B 606, Ram Vihar, Sector 30, Noida, 201303 (copy attached).
Thereafter, he sought
opinion of the General Body on how to proceed further
with reference to the Election of EC scheduled that day(06 Sep 15) in view of
this letter.
5.
6.
Shri SB
Dandapani,(r/oC509), an eminent Delhi High Court Lawyer, was of the opinion
that the letter in question was addressed to Dr Shalini Singh, who was no
longer President of the Society w.e.f. 11 Aug 2015, consequent to the
General Body decision. Further, the previous Executive Committee (elected on 05
Jul 15) also stood dissolved by a decision of the General Body in terms
of Para 8(c ) of the Society Bye Laws. Minutes of this meeting have been
communicated to the Deputy Registrar, Firms,
Societies & Chits, Vikas Vihar, Mohanpuri, Meerut and acknowledged by
them. The residents of Ram Vihar are dependent on the Executive Committee
for their well being, consequently as per Para 4(p) of the Bye laws, the General
Body had taken a decision to constitute an Interim Committee to run its affairs
till such time fresh elections can be held. The General Body is the supreme
authority in all matters relating to the affairs of the Society ( Para 14 of
Society Bye Laws). Decisions which are implicit in the Bye Laws, even if not
explicitly brought out in them, can well be taken by the General Body of the
Society. He firmly stated that the decision to dissolve the previous EC, hold
an Extraordinary General Body Meeting on 06 Sep 2015 and conduct fresh elections
to the EC were decisions of the General Body and this EOGM should proceed with
the elections.
7.
In so far as
the advice of the Registrar of Societies that the current RVAOWS Bye Laws be
modelled on the UP Apartments Model Act 2011, Shri Dandapani recommended
revision of Ram Vihar Society Bye laws in accordance with Society requirements.
He also added that any Act passed by the Govt (Centre or State) has to be
applied prospectively and cannot be applied with retrospective effect, moreover
RVAOWS Bye Laws predate this model act.
8.
Members present in
the EOGM also challenged Dr Shalini Singh’s membership of RVAOWS. There is no
evidence to support her contention of membership of the society. It is her
husband Dr Shekhar Kashyap who is an original allottee of Army Welfare Housing
Organisation, hence a member of RVAOWS as per membership criteria laid down by
AWHO.
9.
Shri Srivastava(r/Oa
401), an eminent Supreme Court Lawyer endorsed the views of Shri Dandapani. He
said that the General Body is well within its rights to remove or appoint any
person to run its affairs, further the affairs of the society have to be run in
the absence of a duly elected EC, necessitating temporary or interim solutions.
The letter to Dr Shalini Singh is addressed to her personally and the society
need not take notice of it.
10.
Brig VK Atray (r/Oe
617) said that this was the first time in the history of Ram Vihar that
residents have been locked out of their own property and Society accounts
frozen. He said that due to mischief caused by the previous President,
society employees could not be paid and services like lifts, water supply,
security, garbage clearance were severely affected, jeopardising the health and
lives of its residents, mainly comprising of senior
citizens.
11.
Shri Raghavendra (r/o
D313) opined that as required by the Registrar of Societies letter, the Interim
Committee ceases to exist the moment elections to the EC are held. The minimum
quorum required of an EOGM is present, minimum notice as required has been given
and there is no bar in holding the Elections, hence the General Body should
proceed with elections to the EC.
12.
Lt Col Neeraj Gupta (r/o
D003) drew attention of the General Body to some important clauses of the Bye
Laws especially Para 4 “Aims and Objects of the Society”. Para 4(p) states
“To do all such things as are incidental or conducive to the attainment of any
or all of the above objectives”. Constitution of Interim Committee was in
consonance with this Aim, hence cannot be termed as illegal by any
authority.
13.
Brig Om Prakash(r/o B
607) stated that in his opinion the General body was not proceeding in the
correct manner. He said that Dr Shalini Singh should be reinstated as
President and other vacancies in the EC, caused by resignations, should be
filled by elections. This was contested by the majority present who opined that
the previous EC (elected on 05 Jul 2015) had been dissolved by the previous EOGM
held on 11 Aug 2015;as per laid down rules & procedures.
14.
Capt GPS Chowdhury ( r/o
A 704) said that in his opinion the elders should give way to the younger
generation to take charge of running Ram Vihar affairs. He further suggested
that a small committee be constituted to resolve the present imbroglio in Ram
Vihar.
15.
Mrs Anuradha Mukherjee ,(
r/o F724 ) said that the General Body of the Society had taken some decisions
during the EOGM held on 11 Aug 2015, which included dissolution of the previous
EC including the President, the present EOGM should move on and conduct fresh
elections. Moreover, the previous President had caused much damage to the
society by her mischievous deeds, which have led to much suffering.
16.
Having heard the views of
the members present, the Chair stated that the Resolution to be considered by
the General Body present on 06 Sep 2015 was: ‘In light of the letter no 31671-34088-m/Meerut dated 03 Sep 15,from the
Deputy Registrar, Firms, Societies & Chits, Vikas
Vihar, Mohanpuri, Meerut, addressed to Dr
Shalini Singh, Should the General Body go ahead and conduct elections
for the Executive Committeeof Ram Vihar Apartment Owners Welfare Society ?”.
The resolution was passed with 41 for the motion, one against, and one
abstaining. This vote has also been recorded in writing by the Residents
with Yes for the motion and No against the motion. On member had left the
meeting in the meanwhile.
17.
The decision to conduct
the elections having been taken, the chair was handed over to Shri Parag
Shiromany (r/o C 002), who not being a member of the Society was the Returning
Officer for the Elections to the EC.
18.
Shri Parag Shiromany
stated that the Election notification was issued on 16 Aug 15. The last date for
filing nominations was 31 Aug 2015.Following nominations were received in
accordance with Society Bye Laws by that date:
(a)
President- Lt
Col TS Sobti(r/o D 213).
Brig AK Anand(r/o A 103)
(b)
Vice President- Brig
Yadav Mukherjee ( F 622)
Brig Sekhar
Visvanathan (r/o F 723)
(c)
Secreatry- Mrs
Promila Singh ( r/o E720)
(d)
Joint Secretary- Mrs
Ratan Mala Sharma (r/o E 005 )
(e)
Treasurer- Col SC
Kochar (r/o D614)
(f)
Joint Treasurer- Mr
Mahesh Singh (r/o G 325)
(g)
Members Mrs
Anuradha Mukherjee (r/o F624)
Mr Tapan Kumar
(r/o B 507)
19.
He further stated that
the last date for withdrawal of nominations was 03 Sep 2015. By that date, Brig
Yadav Mukherjee withdrew his nomination for the post of Vice President. Lt Col
Sobti also withdrew his nomination for the post of Vice President, but in his
letter made the following observations:
(a)
One of the nominations
was received from a person who was abroad. How the nomination has been received
may be explained?
(b)
There are society
arrears outstanding against some of the nominees. This is not in
order.
17. In regard to these observations, the Returning
Officer said that as far as the person abroad is concerned, a scanned copy of
the person’s signed nomination was received, which had been signed in original
by Society Members proposing the nomination and seconding it. Moreover, the
envelope was received in a sealed condition. He was satisfied that this
nomination was proper and meets all requirements of Society Bye Laws.
18. In so far as the matter concerning Society dues
is concerned, he went by the Society dues List submitted to him by the Society
Office, as required by the Election Notification, on 31 Aug 2015.
19. The Returning Officer then proceeded to
declare that the nominations for various posts to the RVAOWS EC being unopposed.
Results are as follows:
(a)
President- Brig Ashok
Anand ,A103
(b)
Vice President-Brig
Sekhar Visvanathan, F 723
(c)
Secretary- Mrs Pramila
Singh,E 720
(d)
Treasurer Col SC
Kochhar,D 614
(e)
Joint Seceretary Mrs
Ratanmala Sharma,E 005
(f)
Joint Treasurer Mr
Mahesh Singh,G325
(g)
Members Mrs
Anuradha Mukherjee, F624
Mr Tapan Kumar,B 507
20. The Election process having been completed, the
Returning Officer handed over the floor to the members of the new EC. The
President , Brig Anand thanked the Returning Officer for conducting the Election
in a transparent and fair manner. He further went on to state that as per
Society Bye Laws (Chapter 6, Page 18, Para3(e)), all members who are filing
nominations are required to have cleared society dues. He said given the
constraints under which the Interim Committee was working, current/ dues (over
the preceding one year) have been checked and Defaulter List updated as on 31
Aug 2015. Past dues will be checked soon by the new members.
21. Proceeding with further business, the following
resolutions were taken up by the General body:
(a) Authorise the EC to nominate co-opted members for
the EC to take on specific tasks. Proposed by Col Bhatia and Seconded by Mr
Tapan.
(b) Authorise the EC to select an auditor for Society
Accounts, the previous auditor having resigned in Apr 2015 and new auditor not
having been appointed. Proposed by Brig Atrey and Seconded by Col
Kochhar.
(c)
Requirement to amend
RVAOWS Society byeLaws as required by the Deputy
Registrar, Firms, Societies & Chits, Vikas Vihar, Mohanpuri, Meerut, letter
no 31671-34088-m/Meerut dated 03 Sep 15.Proposed by Brig Dhand and Seconded byMr
Mahesh Singh .
(d)
Place on record the
deep appreciation of the Society members in respect of those members who readily
came forth to personally contribute by cash/ cheque so that the Society could
clear the wages of its employees and pay for the services rendered in Jul 2015
by the conservancy, security, fuel supply, generator and lift repair agencies.
This became essential as the Society accounts had been frozen by Dr Shalini
Singh. It was also agreed by
the General Body that dues in respect of all members who have advanced personal
funds either to the Society in cash or cheque or have paid Society dues
directly to the Agency concerned , will be reimbursed by the Society.
(e)
The General Body
also agreed to meet within a month’s time to decide on the budget for the
remaining part of FY 2015-16 and ratify any decisions which require General
Body approval.
22. Lt Gen NR Khanna propose a Vote of Thanks for
the work done by the Interim Committee.
He expressed his gratitude to this committee
for their fortitude and sagacity displayed in taking
the Society along, in this difficult period. He
expressed the need for the members to live together
in peace, harmony and mutual cooperation,
leaving aside petty egos and hostility. This was
seconded by Maj Gen Y Bahl.
07 Sep 15 Seceretary Vice
President President
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Posted by: RAMVIHAR SOCIETY OFFICE
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