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The society has 14 flats. The secretary's term expired in January 2023, and no secretary has been appointed since. The managing committee (MC) continues under the chairman, whose term expired in July 2023. In September 2023, certain MC members held a quiet meeting and admitted a member based on a nomination showing 50% for the wife and 50% for the son, but only the wife was admitted. The registration (I & J) was updated, and the share certificate was signed with two signatures, which was from the wife of the deceased secretary. The electorate changed after another member’s application for a gift deed was kept pending. The election process started based on a circular to the MC, but the first and second election officers resigned, and the third was appointed. Does the MC have the right to admit members after the expiry of their term? Is the admission of the member legal?The society consists mainly of super senior citizen members (80+). According to Appendix 5, relatives are supposed to represent these members who haven’t been inducted as members. The case is under hearing at the Deputy Registrar, but options are being evaluated.
The MC cannot admit new members after their term expires unless specifically authorized by the society's bylaws. The admission of the member is questionable, as it was done after the expiry of the MC's term. You may want to challenge this in court or with the Deputy Registrar for a formal review of the admission process. For further legal assistance contact us on our helpline number.