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An invitation To All From Sahayak (A Socio-Legal & Educational Forum) NGO

1 January 2012 No Comment

RTI Activist Team stands by the peaceful protest of NGO,SAHAYAK At the Deputy Registrar of Co-Operative Housing Societies, K-East Ward, below is an invite to All for a Dharna Pradarshan on 02/01/12 along with a message from Dr. L.B. Tiwari President & Head-Legal Cell SAHAYAK  (A Socio-Legal & Educational Forum) NGO.

We condemn the arbitrary method of functioning of the office of the Deputy Registrar of Co-Operative Housing Societies of K-East Ward, which appears to be neck deep in corruption. Instances of serious dereliction of duty, for their personal benefit and cause have been noticed. Hence to express our grievances against their biased system, we have decided to hold DHARNA PRADARSHAN in form of SATYAGRAH followed by GANDHIGIRI on Monday, 2nd January 2012 and distribute GIFTS of Red Colour underwear and a statue of Mahatma Gandhi’s Three Monkeys. Affected society members and those who are visiting their office for past several years hoping for justice will participate in this peaceful demonstration.

 

 

 

Venue of Dharnapradarshan

 

Deputy Registrar of Co-Operative Housing Societies, K-East Ward, Wadala Truck Terminus, Wadala, Mumbai-400 037.

 

 

 

By bus, get down at Sion & take a cab to RTO/Truck Terminus. From Kurla east there is a bus, which ply to Truck terminus.

 

 

 

By train (Central Railways) get down at Sion and take a Cab to RTO office/Truck terminus.

 

 By Harbour line get down at King circle, exit to the east side through only one exit at the VT side. Come to the road and take a cab to RTO/ Truck Terminus

 

 All of you are cordially invited to make the event success.

Press Release by Sahayak (NGO)

 

We condemn the arbitrary method of functioning of the office of the Deputy Registrar of Co-Operative Housing Societies of K-East Ward, which appears to be neck deep in corruption. Instances of serious dereliction of duty, for their personal benefit and cause have been noticed. Hence to express our grievances against their biased system, we have decided to hold DHARNA PRADARSHAN in form of SATYAGRAH followed by GANDHIGIRI on Monday, 2nd January 2012 and distribute GIFTS of Red Colour underwear and a statue of Mahatma Gandhi’s Three Monkeys. Affected society members and those who are visiting their office for past several years hoping for justice will participate in this peaceful demonstration.

The Deputy Registrar is allowing the office bearers of the societies, which fall under his jurisdiction, to flagrantly violate all laws in the books, for his personal gain. We observe there is no commitment to their duty as endowed by the rules

Various complaints of such instances have been received at our end, where the Deputy Registrar inspite of having knowledge and prior intimation that managing committees are not functioning in accordance with the rules and laws, more particularly as stated in Model Bye Laws of Co-Operative Housing Societies and Maharashtra Co-Operative Societies Act, 1960, is turning a blind eye to their functioning. The office of Deputy Registrar(s) allows the administrator/s, appointed by him/them in the Co-Operative Housing Societies U/S 78(1) of MCS Act, 1960, to conduct the affairs of society in violation of existing rules and laid down procedures. And further seems to allow the administrator to appoint/delegate their functions to another person without there being any such provision for the same under the laws. It is further being observed that the administrator(s) withdraw(s) huge amount(s) toward(s) his/their remuneration from the existing fund(s) of the society(ies) and all these with the help of false and fabricated documents.

IN THE MATTER OF MR. P. JAYACHANDRAN PILLAI & OTHERS. VERSUS BLOSSOM Co-Operative Housing Society Limited, Marol, Andheri (East),

1.   The complainants have been approaching the office of Dy. Registrar of K-East Ward for the past 4 years against the malpractices of the managing committee of Blossom CHSL supported by several documents as evidence. The managing committee and its office bearers of Blossom CHSL had completed the term on 11.10.2011. As provided in Sec. 73 H of the Maharashtra Co-operative Societies Act, 1960 (the said Act) it was the duty of the committee to arrange for holding the election of its members before expiry of its term. After expiration of the said term, the Registrar should have taken over the management of the Society or appointed an administrator to hold the elections according to the provisions of the said Act.

2.   Even after providing all necessary documentary evidence by the complainants to the office of Deputy Registrar of Co-Op. Hsg. Society of K-East Ward, Dy. Registrar did not bother and find fit to act in accordance with law to prevent the said Managing Committee to take any major decision like calling the election of Managing Committee thereafter. This act of the Deputy Registrar not to act promptly was used by the Managing Committee to call a fresh election on 04.12.2011.

3.   The Complainants thereafter approached the Co-Operative Court on 03.12.2011 for getting ad-interim relief by way of a stay against such unlawful election, which was to be held on 04.12.2011. In their interim order, the Co-Operative Court clearly mentioned that it is decisively within the powers of Deputy Registrar of Co-Operative Housing Society to stay the illegal acts of the Management committee to call for elections after the expiry of their term. Even though Mr. Mahendra Mhaske knew that he is empowered to take such decision/s, he refused to initiate suitable action to prevent this fraud from being played on, for reasons best known to him, which we deduce may be due to some personal gain to him.

IN THE MATTER OF Mr. Maherdad F. Parvaresh & OTHRS. VERSUS Deep Sagar, Bank of Baroda Employees CHSL, Andheri-East, Mumbai & the administrators appointed by dy. Registrar of K-east ward

I.    Managing Committee had withdrawn the sinking fund of the society, which was lying with Maharashtra State Co-Operative Bank, vide their resolution dated 3rd April 2004, by giving the reference of Annual General Body Meeting, which was held on 3rd April 2004. Managing Committee Members did not bother to take due permission from the office of the Deputy Registrar of Co-Operative Housing Societies, K-East Ward, Mumbai before withdrawing the sinking fund from the society account, which was mandatory during that time for withdrawal of any amount from the sinking fund account. 

II.  Managing Committee had sold the scrap lying with the society, which belonged to society to third party without informing other members and/or taking the due permission of the General body and/or other society members. The amount received from such disposal was also not transferred in the account of society fund and was being utilized for personal gain by them.

III.Inspite of several complaints the Deputy Registrar of K-East Ward didn’t find it fit to take appropriate action against the miscreants involved in above said matter/s and take immediate action under the powers, which has been conferred to him in form of Section 81(3) under MCS Act, 1960. Instead of performing his duty, Deputy Registrar of Co-Operative Housing Societies, K-East Ward referred the matter of above applicants to the HOUSING DARBAR vide the letter dated 24th December 2010 by informing the above named applicants and other   related respondents to remain present during the hearing on 2nd January 2011.

IV.        The Housing Darbar vide their order dated 2nd January 2011 directed Deputy Registrar of Co-Operative Housing Societies of K-East Ward to take immediate action U/S 89(A) of MCS Act, 1960. The Deputy Registrar of Co-Operative Housing Societies of K-East ward dissolved the Managing Committee vide his order dated 5th July 2011 and appointed an administrator of the society to look after its day-to-day activity.

V.  The administrator so appointed by the Dy. Registrar of K-East Ward released a payment of Rs. 10000/- from the society account to the person so appointed as an election officer. AND further withdrawn Rs. 6000/- from the society account towards his remuneration, for which he was not entitled at all. The Complainant observed that the administrator appointed by the Dy. Registrar had not executed the M20 Bond and also had not submitted the same to the office of Dy. Registrar of K-East Ward and hence filed a petition against the administrator before the Dy. Registrar of K-East Ward on 31st October 2011.

VI.        Without following the due procedures and process against the petition filed by the complainant, Dy. Registrar willfully removed the administrator vide his order dated 1st November 2011 by showing that the administrator had tendered his resignation on the same day, when the petition was lodged AND further appointed a new administrator. The administrator so appointed by Dy. Registrar of K-East Ward vide his order dated 1st November 2011, further appointed one person as an administrator/manager to look after day-to-day affairs of complainant’s society vide his letter dated 15th November 2011.

     WHEREAS the fact is that administrators appointed U/S 78(A)(1) and/or 78(A)(2) do not have power to delegate their duties and power to others.

VII.      But unfortunately, we observe that the authorities concerned have made up their mind to remain silent in spite of our repeated requests with supporting evidence/documents to initiate appropriate action against him.

 

Reasons for protest

 

Under the above circumstances, in order to highlight the rampant corruption, illegalities and malpractices in the Office of the Deputy Registrar of Co-Operative Housing Societies- K-East Ward and after analyzing the various complaints and keeping in mind the sentiments of the general public, we are forced to hold DHARNA-PRADARSHAN outside the office of the Deputy Registrar of K-East Ward to protest and agitate. He is duty bound to safeguard the interests of the members of the society(ies).

 

We further condemn the functions of the Officer of Dy. Registrar of K- East Ward, Mumbai which is against the basic tenets of law.

 

In view of above, we are forced to hold a DHARNAPRADARSHAN on Monday,            2nd January 2012 from 11:00 am onwards till 05:00 pm in association with several aggrieved victims and media personnel followed by a distribution of GIFT with a Red Colour underwear and a statue of Mahatma Gandhi’s Three Monkey followed by social message by the affected society members and the many aggrieved who are visiting their office for the past several years, with a hope of justice.

MESSAGE ASSOCIATED WITH THE GIFTS

Red Colour Underwear

We are leaving a social message to the Office of Dy. Registrar Of K-East Ward that their functioning against the laid down procedures has stripped the aggrieved members of everything except the underwear. Further inaction will leave the aggrieved members helpless and such massive discontent could lead to violence in the societies and will result in loss of faith in the current judicial system.

A statue of Mahatma Gandhi’s Three Monkey

Mahatama Gandhi’s three monkeys, a pictorial maxim embodying the proverbial principle to ‘see no evil, hear no evil, speak no evil’ has long been associated with good thought, speech and action.

However with corruption encompassing every activity the maxim has been modified  to suit the present system of K-East Ward which is ‘See no crime, Hear no Complaint, act when only when personal benefit is involved’.

We hereby urge you to support us to make the DHARNAPRADARSHAN a success to protect individual’s fundamental right in the society and insist on law enforcing agencies to perform their duty in order to maintain law and order in the society. The time has come seek justice and ask whether the society is going to be governed by the rules of law or as per the wishes of the authorities concerned, who act against the rules of law.

Looking forward to your support and favorable response during the DHARNAPRADARSHAN in form of SATYAGRAH and GANDHIGIRI.

 

            

Dr. L.B. Tiwari

President & Head-Legal Cell

SAHAYAK… A Socio-Legal & Educational Forum

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