Housing societies operate based on democratic principles. Members collectively take decisions through resolutions during general body meetings. Once a resolution is passed, it becomes binding on all members. However, situations may arise where the society needs to reconsider or cancel a previously passed resolution. The cooperative housing society bye-laws provide a structured process for such reversal.
Can a General Body Resolution Be Cancelled?
Yes, a society may cancel a resolution passed earlier in the general body meeting. However, cancellation cannot be done immediately. The bye-laws specify a mandatory waiting period before a previously approved resolution can be reconsidered or revoked. This rule prevents rushed decisions and maintains administrative stability within the society.
Mandatory Waiting Period
A resolution cannot be cancelled unless a clear period of six months has passed from the date on which the resolution was originally passed. If the society attempts to cancel or amend the resolution before this period, the action becomes invalid and can be challenged.
Role of the Managing Committee
The managing committee plays a key role in initiating the cancellation process. After the six-month period, the committee must present a formal proposal to cancel or amend the earlier resolution. This proposal must be circulated to all members along with the notice and agenda of the general body meeting in which the cancellation will be discussed.
Notice and Member Intimation
Members must receive the notice within the prescribed time frame as per the society’s bye-laws. Proper service of notice ensures transparency and fairness. If the notice is not circulated correctly, the decision taken in the meeting may not hold legal validity.
Discussion and Voting in the General Body
The general body must deliberate on the proposal to cancel the previous resolution. Members may discuss the benefits and drawbacks before voting. The decision to cancel the resolution will only be finalized based on the majority vote of the general body.
Quorum Requirements
The meeting must meet the quorum requirement as defined in the bye-laws. Without quorum, the meeting is invalid, and no resolution—new or cancellation—can be passed. Ensuring correct quorum avoids future legal or administrative disputes.
Legal Reference
Bye-Law 109 clearly states the conditions under which cancellation of a resolution is permitted and outlines the procedural requirements. Societies must follow this guideline strictly to maintain compliance.
Conclusion
A housing society can cancel a previously passed general body resolution, but only after six months from the date of passing the original resolution. The managing committee must issue proper notice, place the cancellation on the meeting agenda, ensure quorum, and allow members to vote. Following the correct procedure maintains transparency and protects the democratic functioning of the society.
