REPORT OF THE HONORARY SECRETARY ALONG WITH THE
MINUTES OF THE EXTRA GENERAL BODY MEETING HELD ON 27th MARCH 2005 AT MESCO EDUCATIONAL COMPLEX MUSTAHID PURA, HYDERABAD, AT 1100 HRS.
The meeting started at 11:00 hrs. The Hon. Secretary Dr.
Fakhruddin Mohammed welcomed all the members on the occasion of the Extra
Ordinary General Body meeting and requested the following office bearers of
Mesco to occupy their places on the dais.
1. Dr. Mohammed Azam
-
President
2. Mr. Syed Jaleel Ahmed
-
Vice-President
3. Dr. Fakhruddin Mohammed
-
Hon. Secretary
4. Dr. Mohammed Mushtaq Ali
-
Hon. Treasurer
5. Dr. M.A. Mateen
-
Joint Secretary
The Hon. Secretary informed the august body that Mr. T.
Vishwanadha Sastry, Advocate Commissioner is appointed by Hon’ble III Addl.
Chief Judge, City Civil Court, Hyderabad, to note down the proceedings of
today’s meeting, file report and not to be the Chairman, as per orders of the
court, in I.A.No. 711/2005 in O.P. No. 693/2005, filed by Dr.K.A. Sattar Khan
and Dr.Syed Baquar Hussain.
He requested Mr. T. Vishwanadha Sastry to occupy the seat provided
on the dais. He also informed that Dr. K.A. Sattar Khan is permitted by the
Court to attend the meeting, without any right to vote as per orders in I.A.No.
712/2005 in the said O.P., with these opening remarks he requested Moulana
Giyasul Islam Rahmani to recite Holy Quran to begin the meeting. After the
recitation the Hon. Secretary thanked Moulana and requested Dr. Mohammed Azam,
the President to preside over the meeting.
Presidential
Opening Remarks:
The Hon’ble President Dr. Mohammed Azam welcomed all the members
and Mr. T. Vishwanadha. Sastry Advocate Commissioner and conveyed his Salaams
& Greetings to the members.
“We have assembled here to share views, cross ideas, resolve
certain matters by discussing the Agenda of the meeting. Conduction of meeting
today in a peaceful way is a vital requirement. I request all the members to
have tolerance, to maintain decorum to discuss the Agenda and request you to
make your valuable suggestions at the end. I appreciate presence of large number
of members participating in this meeting”.
He also stated that the present Extra Ordinary General Body (EOGB)
Meeting has been called for on the requisition of 52 members through their
notice with the specific purpose stated in the Agenda already circulated. In
response to the said notice and as per bye-laws the meeting is called for;
The President addressed members by reminding that all he members
are well aware of the Constitution of the organization. And requested them to
adhere to it, further stated that some of the clauses are mandatory and they
cannot be amended or modified, but the clauses which can be modified or amended
will be considered as per the Agenda.
He also informed that Clause 5(i) of constitution of MESCO
Constitutes the Managing Committee. The constitutions of societies vary from
Society to Society and the Constitution of our Society is framed by our elders
& founder-members by choosing Mushairawati system (consultative), having
electoral body electing the Managing Committee-policy making body.
These are few things the president told this august gathering,
after thanking for the patience hearing took leave of the members; and requested
the Hon. Secretary to proceed with the Agenda.
One Mr.Syed Ali
Akbar: addressing the president stated that in a notice by 22 members
certain points were raised to be included in the Agenda of the present meeting
and sought explanation to be placed on the table of house to-day for not
including those issues.
The Hon. Secretary answered that as per the bye-laws; unless the
requisition is signed by minimum 50 members of the Society and intimated well in
advance, it cannot be included in the Agenda which is already preset and
circulated as per the requisition to convene the present meeting.
Again when Mr. Ali Akbar said I am talking about the notice given
by 6 members and addressed the Advocate Commissioner on this point.
Mr.T. Viswanadha
Sastry: answered that it is not the court to discuss the reply to the
notice given by the parties, The Managing Committee has given reply to the legal
notice to all the members, and further suggested giving in writing to the
Managing Committee. He affirmed that only the points of the Agenda already
circulated shall be taken.
The Hon. Secretary read out the points of Agenda which was
circulated in advance to the members, with his reply based on the rules and
regulations.
MESCO
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Point
No.1.
“It is submitted that the members
have raised objections in continuing the address of the Registered Office of the
Society as 5-9-2/1/11, Adarsh Nagr, Hyderabad.”
The Hon. Secretary clarified; that on 12th day of
November, 1982 when the first General Body Meeting was held with the objectives
as mentioned in the preamble, it was the residential address of the then
Secretary Dr. Majeed Khan as it was mentioned and being continued. It will be
amended to show the present address by passing resolution on this day, i.e. to:
“MESCO Diagnostic Centre” Daru-Shafa, Hyderabad or MESCO Educational Complex,
at
13-5-741, Mustaidpura, Karwan Road, Hyderabad.
Point No. 2.
“The members raised next issue
that after the location of the Office address of the Society, the heading on the
left side in respect of the objects of the society is not shown. “
The members have observed that it was an omission and it has to be rectified by inserting the heading as
“Aims and Objects of
the Society”.
“That he members
have demanded that the membership of the society can be obtain by any persons
fulfilling the requirements stipulated in the Rules and Regulations of the
Society on payment of the required fee as mentioned therein.”
The Hon. Secretary clarified that
the membership cannot be granted to any body in general, it can be to a person
fulfilling the requirements stipulated in the Rules and Regulations, i.e.
as per the rules of the society, the membership of the society is restricted
to ‘graduates from any of the University in any discipline’.
Point No. 4.
“That the said
members have admitted that the Managing Committee is empowered to terminate the
membership of any of its member if it has reasons to believe that the activity
of such member is adversely affecting the society or he/she has been declared
insolvent, without any notice or any other necessary process required to do so
and such decision of the managing committee shall be final. But they have raised
objection that the rules and regulations of the society framed by the society do
not define as to what shall be the quorum of the members constituting the
“Managing Committee” as such the action of the so called and undefined managing
committee being final, is arbitrary, illegal, void and is misleading. “
The Hon.
Secretary has pointed out that the quorum of the Managing Committee is (4) four
and it has been intimated to the said members by reply to their legal notice. As
such no ambiguity subsists, it is crystal clear in the rules and regulations of
the Society.
Point No.
5.
“It is stated
that the annual General Body meeting shall be held once in a year, in January
and the date and time of such general body will be notified in the local
Newspapers. But it further states that, in case if required any extraordinary
General Body meeting there should be a requisition of at least 50 members, and
no quorum is fixed for conducting the General Body Meeting or Extraordinary
General Body Meeting. “
The Annual
General Body meeting is to be held only once a year in the month of January
since the Society is established, but from the past few years in view of the
amendment of fiscal year, the society is having the “Annual General Body
Meeting by the end of September and another Meeting to discuss the budget before
the end of March for next year”. As such two meetings are already being
conducted. In the proposed amendments it has to be carried-out in clause
4(i).
Further it is
stated that the quorum of the members in convening the Extraordinary General
Body Meeting is clear and the quorum for conducting the General Body Meeting is
also clear in Clause 6.
“The objection
raised is that the rules and regulations framed on behalf of the society MESCO
with regard to the “Executive Body” at rule No.5 (1) is self contradictory and
violative of basic principle of democracy.
As the president
stated in his address that the constitution of the Society differs, it is the
rule framed by the founder members and it is quite democratic. This rule cannot
be amended in view of the Clause 8 of the constitution, which prohibits
amendment of this particular clause.
Point No.
7.
“The said
members submitted that nowhere, does this rule (i.e) 5(i) nor any rule among the
rules framed talks or stipulates the process or procedure of holding elections
and the number of members for whom election shall be held and who shall be the
nominated members of the executive body.”
The Hon.
Secretary submitted that the reply was given in writing by a reply notice. The
election process is in Clause 5(i) itself which is clearly stated and further it
is proposed that the Electoral College members can be directly elected from the
members and nomination for the Executive body can be from any member of the
Society.
“This point of
the Agenda raised by the members is no more valid in view of the suggestions
made in the point No.7, the proposed elections of member Electoral College by
General Body and right of contest to all members for the Executive body, once it
is approved the present point need not be discussed further.”
Point No.
9.
“It is stated and submitted that the body of Office bearers of the
No.1 of the above Society is totally illegal as its constitution being void
abinitio.”
A bare allegation that the body of the office bearers of the
society is illegal is unjustified and it is stated merely to raise objections.
No society functions without the Office bearers and the constitution of the
society is framed validly. The quorum is of 4 (four) members out of the 11 of
the executive body i.e. Managing Committee.
Point No. 10.
“The members objected to the
clause 8 (b), stating that it postulates that if any dispute arises between the
members and non-members or Managing Committee (so called undefined Managing
Committee) or General Body members, such dispute shall have to be referred to a
committee appointed by the Managing Committee (so called undefined Managing
Committee) consisting of three members as arbitrator and the decision of the
said committee shall be final.”
The said clause 8(b) of the
Constitution is quite legal and according to the law of Arbitration, as such no
further clarification is required and no further discussion is necessary as the
reply was already given to the said members in the reply notice and it is
clarified to the members presently.
Point No.
11.
“The said members contended that
the President, Secretary and others are responsible for the correction of the
by-laws in accordance with the laws governing the subject and the Officials of
the Registration authority to be shouldered with the responsibility of
monitoring the activities of the Society. “
The Hon. Secretary has explained
that the amendment of the constitution is clearly provided in the Clause 8 and
it has been identified by the said members in earlier points of their notice, as
such the objection or the statement is not valid. The second point of monitoring
the activities etc and the powers of the officials is governed by statute.
Point No.
12.
The members have
called upon the Extraordinary general body meeting through their notice, which
was negated in view of the rules and later on when the requisite members
signatures are shown on the copy of the said notice with a requisition to call
for the Extra ordinary General Body Meeting, it is convened to-day by following
the rules. The said notice has been circulated to the members in advance and
to-day the Hon. Secretary has addressed the agenda and his reply to the same.
At this point of
time the Hon. Secretary on behalf of the Society stated, that the members should
keep the dignity of the Society for any action called for. It is a very sorry
affair to state that some members have stated that they are not signatories to
the requisition and their signatures are fake as well as brought to the notice
that signature of the members who are not present in the Country at that
relevant time are also shown. Let whatever be the situation the Hon. Secretary
on behalf of the Society requests the members to refrain from any kind of such
activities.
The members who could not send their declaration forms adhering to
constitution sent along with Agenda in advance, signed and handed over to the
Hon. Secretary. The Meeting came to end after the Hon. Secretary thanked the
President and members, followed by Dua by Moulana Guas-ul Islam Rahmani.
MESCO
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PROPOSED
AMENDMENTS
The following amendments were unanimously approved by the members
in the Extra ordinary General Body Meeting held on 27-03-2005.
1. To amend the Regd. Address:
From:
5-9-2/1/11, Adarsh Nagar,
Hyderabad
To : MESCO
Educational Complex, 13-5-741, Mustahidpura,
Karwan, Hyderabad-500 006, A.P.
2. To include the title of item NO.3 in
constitution.
“Aims and Objects of the Society”
3. To conduct Annual General
Meetings:
Instead of one Annual General Body Meeting in January.
Two General Body Meetings will be held:
a) before the
end of September. To discuss the Annual report and
b) before the end of
March. To discuss the budget of the next year.
Except the above all other points raised in the Agenda of the
Extra Ordinary General Body Meeting were clarified and majority of the members
have signed the declaration of adhering to the other main clauses, rules and
regulations of the Constitution of the Society, which was circulated to
them.
President.
Hon. Secretary.
M.E.S.C.O.
M.E.S.C.O.
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THE
DISCUSSIONS OF THE PRESIDENT AND MEMBERS AFTER THE EXTRAORDINARY GENERAL BODY
MEETING
The President was informed by some of the members that
Dr.K.A.Sattar Khan has made a request to revoke his termination as he is ready
to give undertaking that he will not repeat any of the charges leveled against
him and further he is giving in writing that the cases will be withdrawn very
soon.
Dr.K.A.Sattar Khan, handed over a copy of letter of withdrawal
signed by him to the Advocate Commissioner assuring withdrawal of the case and
he met the President. At this juncture the President proposed following Acts
subject to withdrawal of the cases as well as Dr.K.A. Sattar Khan’s assurance of
being loyal to the society and abide by the Constitution.
i) That the termination of membership of Dr.K.A.Sattar Khan will be
revoked and he will be taken as a member of the Society.
ii) To Prepone the elections by two and half years, which are
scheduled in 2007.
iii) Every member of the General Body will cast his / her vote on
the date of voting to elect the Electoral College members.
iv) Any member desires to contest for Electoral College or to get
into policy making body Managing Committee have right to contest.
The president while requesting Dr.K.A.Sattar Khan to fulfill his
obligations of withdrawing the cases as well as tendering the assurance to the
Managing Committee in respect of his membership, tentatively proposed preponment
of the elections of the Electoral College and the dates of election process with
magnanimity as follows:
i) Before 15th April the returning Officer is to be
identified and that process will be tentatively initiated today itself.
ii) Announcement of the Election by the Returning Officer will be
15 days of his appointment.
iii) Nomination of members after 15 days.
iv) Withdrawal of nominations after 7 days.
v) Announcement of list of contesting candidates will be
subsequent to it and the elections will be conducted after 15 days from
that.
The following members were identified as: -
Dr. Shamshad Hussain
-
Returning Officer
Dr. Shahid Hussain
-
Asst. Returning Officer
Dr. Mir Wajahath Ali
-
Observer
The above persons have also given their consent.
The President informed that we all must be very happy to elect the
Electoral College by the GB members, and elect the office bearers and short term
members all will have the right to vote and contest. Some members happen to work
in the organisation on salary basis, they will not be eligible to contest for
election, similarly the patron members and the Returning Officers, they are
given very important work, they will not be contesting for vote.
He finally stated that he was talking about magnanimity it has to
be reciprocated, by Dr. K.A. Sattar Khan & Dr. S. Baquer Hussain and as
early as possible they will have to show their magnanimity, by withdrawing the
cases within the given time so as to enable the Society to put forth proposed
course of action of preponement of elections, Thank you.
Some of the members raised few
points stating that the President must be given additional powers and must be
made accountable to the same, and also stated that court cases were not
necessary if the points are raised and discussed in the Agenda, further the
witnesses of the withdrawal of Dr.K.A.Sattar Khan, and Dr. Syed Baquaer Hussain,
also assured the President that the process of withdrawal will take place as
soon as possible.
After this the President has invited all the members for lunch and
arrangements for Zohar prayer were also made.
President.
Hon. Secretary.
MESCO
MESCO
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