https://www.taxtmi.com/caselaws?id=287338 Removal of a Secretary who functions as a director is governed by the Companies Act, 2013: the General Body, as appointing authority, must remove the office-holder through an ordinary resolution. The Apex Council cannot exercise that power merely by relying on an Articles of Association provision permitting expulsion of members for conduct harmful to the association. Such a provision may apply to ordinary members but cannot override the statutory removal process for a director-equivalent Secretary. Suspension pending misconduct proceedings and Ombudsman findings do not displace the General Body's statutory authority; the removal question must be placed before it for decision. en-us Tue, 02 Jul 2019 00:00:00 +0530 Tue, 21 Apr 2020 08:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287338 Removal of a Secretary who functions as a director is governed by the Companies Act, 2013: the General Body, as appointing authority, must remove the office-holder through an ordinary resolution. The Apex Council cannot exercise that power merely by relying on an Articles of Association provision permitting expulsion of members for conduct harmful to the association. Such a provision may apply to ordinary members but cannot override the statutory removal process for a director-equivalent Secretary. Suspension pending misconduct proceedings and Ombudsman findings do not displace the General Body's statutory authority; the removal question must be placed before it for decision. Case-Laws Indian Laws Tue, 02 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287338