Can the court in India uphold the suspension by comite memebers, of a member who is a President of a society?

Question

In a society, the President was acting autocratic, collected monies; no receipts issued, no vouchers for expenditures; not put it in the banks; not shown in the monthly audit; one who questioned was sent a suspension letter without comite approval; writing his own minutes for the AGM. Some how the committee members joined together and sent him a show cause notice and suspended him on rcvng unsatis reply. Bocs most of them are his relatives the majority shifted back n now saying he should continue. But I am standing against and fighting it in the court, since the byelaw provides that executive committee has the power to suspend any member who acts against the interest of the society. Now they say it is not applicable to a President of the society. My contention is that since he is suspended as a member he cannot continue as President. Pls let me know, if there are any previous cases where a President of a society is suspended and also can the comite decision be held valid?

Society is in India and need advice according to Indian law. All the proof against him is there but the majority has swung back on his side. One happy thing is the court has not recognized the majority and taking up the case on its merits for the one person who is convinced that it is violation of byelaws n procedures. Hoping to find one legal acumen to help me out for standing up to the right and standing all alone in this fight. Yahoo answers must come to my rescue. :). Only legal professionals with Chennai connection answer pls, bcos if it suits me I might seek their assistance and services. It is projected as a uniq n challanging case for principles.

For Mr. Vijay.m. response:
Bye-law says only that ec members have the powers to suspend members acting against the interest of the society but no mention about the suspended members continuing the executive post. Like u said about natural justice--same from our side-- since his membership is suspended, his President post is also suspended. We are not asking for adv comisioner to be appointed but asking court to conduct the trial but the president got off an interim order saying he can continue as the president. Our appeal is admitted saying when we have filed all the illegalities and irregularities how can such an interim order be passed. court has ordered no meetings to be held by both the parties. I am fighting hard to prove the illegalities and irregularities. Confession is that he is not corrupt but blatant violation of procedures and bye-laws and autocracy. Which leads to another Q--any chance of court saying these are not grave misdeeds to suspend membership and as Presdnt?

Answer 1

There are two major issues in this case, firstly can the executive committee members of the society suspend the membership of any member of the society & secondly can a suspended member hold any executive position in the society. As you state that the bylaws applicable to such society provides the executive committee members have powers to suspend the membership of any member of the society after giving him sufficient notice & hearing him on being satisfied that his membership will be harmful to the general interest of the society. Such notice was given to him & on receipt insufficient or unsatisfactory reply to this notice, his membership was suspended. Since you have not cited whether there is any provision in the bye law with regard to the holding of any executive post by any suspended member, but keeping in mind the principle of natural justice & usual practice in such cases the executive post held by the suspended member should also be kept in suspension till the issue with regards to the various charges levied against such executive member are being heard & decided, his presence in the board of executive members will be effecting the unbiased decision making by the other executive members of the board as he can always influence their judgment that will be clear infringement of the unbiased judgment or decision making which is necessary, as provided by the Principle of natural justice. The best course in such a dispute that an independent arbitrator or court should hear the various charges of corruption against such executive member while he was holding such a post in this case the President of the society & during such hearing his executive post should be kept in suspension. Just argue your case before the judge hearing this whole matter in such a manner as I told you here. The additional information you have given with regards to the interim stay order as the president should not have been passed as this gives a wrong precedent to such issue. The principles of natural justice are far above all provisions of law including the Constitution of India. The very fact the court granted an interim stay order in his favor will not hold well in appeal against such an order. Either move the court for vacating this interim order or go in appeal or revision against such an order to the higher court. As far the irregularities & illegality of the matter concerning this person is a subjective issue that will be decided on the bases of the relevant evidence brought on the records of the court later on. The most important issue here is being holding the post of the president during the issue regarding his illegal or irregular acts while holding such a post are being questioned & being decided, this it self amounts to infringement of the principle of natural justice which no court will allow when argued from this prospective. The question whether his suspension as a member is legal or not is also a matter of facts that court will decide on the basis of the evidence & circumstances of the case, but my submission here is not going in the subjective part of the whole matter but on the general principles of natural justice, should a person whose conduct is in question should continue to hold the post on the basis of which his conduct is being questioned or his post be kept in suspension till the order with regards to his conduct is passed by the court. This is simply the common sense which no reasonable judge will agree to his being continued on the post on the basis of which his conduct is being questioned by other members of the society. Hope this clarifies your doubts.

Answer 2

If u are talking about a housing society, u cannot suspend a member as long as owns the house in society. the society has no power to throw out a owner and residnet in the society flat.
re other part about suspending him from president ship, the court will decide since the appeal has already been submitted in court and the matter is now sub judice.