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Mumbai: Housing society office bearers debarred from society elections for five years

Former members of the management committee of Anjali Cooperative Housing Society in Andheri West have faced severe consequences for their failure to submit audit rectification reports for five consecutive years and their alleged mishandling of the sinking fund and other financial matters. In a recent ruling, Nitin Dahibhate, the Deputy Registrar of Housing Societies for the K/West ward, has imposed a ban on former chairman Rosario Roque, former secretary Riyaz Saeed, and former treasurer Sona Walles, preventing them from participating in any society elections for the next five years.

The decision came after M.H. Kapadia, the complainant in the case, brought the matter to the attention of the registrar's office. Kapadia highlighted the management committee's failure to present audit rectification reports to the society members for the financial years between 2015 and 2019. Additionally, he noted that the committee did not provide a 14-day notice prior to convening the annual general meeting and did not seek permission from the general body to withdraw funds from the sinking fund.

The order further revealed that auditors had flagged losses amounting to Rs 1.10 lakh due to the committee's failure to pay income tax on time and around Rs 2.53 lakh due to the committee's negligence in renewing a fixed deposit in the bank.

In response to the registrar's order, former treasurer Sona Walles refrained from commenting but mentioned having sent an email to the registrar in June of the previous year. In her email, Walles had stated that if any mistakes were found on her part, she would voluntarily refrain from participating in society elections for the next five years. She also admitted acts of omission and commission based on the advice of her fellow committee members in a letter to the registrar.

The registrar's earlier notice to the committee highlighted the failure to submit the defect rectification report, a violation of Section 82 and Rule 73. The notice emphasized that such actions by the committee members were of a serious nature and obstructed the interests of the organization and its members. It was further revealed that the minutes of meetings had not been signed by the managing committee, indicating a potential violation of laws, rules, and approved bye-laws of the organization.

The registrar expressed concern that the organization was operating in contravention of legal provisions and that the actions or inactions of the committee members were hindering the broader interests of the organization and its members. Consequently, action was taken against the responsible officials of the society.

Meanwhile, Kapadia noted that the society members had requested the registrar to conduct elections as the administrator had not organized them for over 14 months. The prolonged delay in holding elections had raised concerns among the members, leading them to seek the registrar's intervention.

As a result of their failure to submit audit rectification reports and the alleged mishandling of the sinking fund and financial affairs, the ex-management committee members of Anjali Cooperative Housing Society will face a five-year ban on participating in any society elections, effectively holding them accountable for their actions. The registrar's decision aims to ensure the integrity and transparency of the cooperative movement while safeguarding the interests of the organization and its members.

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