Upnibndhak वसई यांचे बेकायदेशीर समिती गठित होऊ देऊन सभासदांना वेठीस धरणे.
Ravindra Gurav
Tarun Panjwani
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Ravindra Gurav
Subhash Dhume
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Naganand Nileshwar
Due to the callousness of the entire system, including the courts, the members lose their right to residence once a building is declared as “DILAPIDATED”.
The Chairman, Secretary and Treasurer of a committee are dismissed for not abiding by the Dy. Registrar’s decision. The members do not form a committee upon the dismissal. The Dy. Registrar does not take custody of the property/records of the society nor appoints an Administrator or his equivalent to take care of the funds of the society and the property, thereby having failed to protect the interests of the society or its members.
Adding to the above, the society has approached the Mumbai High Court where the Respondents are the Divisional Joint Registrar and others for reasons not known.
Every Department is working on the presumptive law that every affirmation made by the petitioner is true and correct and as declared, without any verification in terms of the MCS ACT itself, rendering it totally redundant and non-existent.
The case arises from allegations about nominations executed much before the death of the members to be fabricated and forged.
After having admitted that the mandatory NOMINATION Register was never maintained since inception, the committee questions the membership of nominees. Some of the members even execute affirmations to challenge the Nominations as fabricated and forged.
The Government-appointed auditor’s audit report also confirms irregularities of record of nominations but does not even suggest any remedial measure.
As per the Rule 56M of MCS Rules, 1961 and Section 2(19) (b) of MCS Act, 1960, an associate member can only cast his votes and participate in the election process but never become an office bearer in the society, where his name appears as an associate member in the society register. But in our case, he becomes the whole and sole operator of the society. Laws operate to his convenience.
None of the authorities realize that a nomination would not pass on the title of the property to the nominee. The society has been put to a loss of revenue for its efficient administration by not collecting its dues from its NOMINEE members, neither did the society nor the authorities find a suitable nominee over 3 decades. It has failed to follow the advertisement procedure throughout.
When a committee did not exist, every record was fabricated to the convenience of the members who desire to go in for re-development.
This, therefore, clearly establishes the role of vested criminal interests to try and grab the property through illegitimate disputes, under the garb of law.
At the same time, the law became a hindrance to proceeding criminally against the committee in the absence of sanction of the appropriate authority, when it relied on false affidavits of its members.
Therefore, Section 21-A should automatically have come into play as the entire machinery of the Co-operative Department has become in-operative with no authority viz. the society, the Dy. Registrar or the Administrator is in charge of the affairs of the society and its estate and funds. Unfortunately, even that does not happen.
The collusion of the entire system to deprive members of their rightful claim to membership by nomination has brought about the present situation.
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Naganand Nileshwar
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