ights of the members of the Society were violated by men who had neither the vision to understand the pioneers of the co-operative movement like Rochdale nor the frame of mind to respect the rights of the citizen under the rule of law. When writing about AWHO, the statement made by US President Reagan instantly springs to mind:“The nine most terrifying words in the English language are: ’I’m from the Government and I’m here to help.”
Democratic accountability is direct because every individual member has a right
to participate in the general assemblies. Consumer cooperatives are enterprises owned by consumers, managed democratically, aiming at fulfilling the
needs and aspirations of the members. Does AWHO meet the standard?
Título original
AWHO as a Multi State Co-operative
Housing Society
ights of the members of the Society were violated by men who had neither the vision to understand the pioneers of the co-operative movement like Rochdale nor the frame of mind to respect the rights of the citizen under the rule of law. When writing about AWHO, the statement made by US President Reagan instantly springs to mind:“The nine most terrifying words in the English language are: ’I’m from the Government and I’m here to help.”
Democratic accountability is direct because every individual member has a right
to participate in the general assemblies. Consumer cooperatives are enterprises owned by consumers, managed democratically, aiming at fulfilling the
needs and aspirations of the members. Does AWHO meet the standard?
ights of the members of the Society were violated by men who had neither the vision to understand the pioneers of the co-operative movement like Rochdale nor the frame of mind to respect the rights of the citizen under the rule of law. When writing about AWHO, the statement made by US President Reagan instantly springs to mind:“The nine most terrifying words in the English language are: ’I’m from the Government and I’m here to help.”
Democratic accountability is direct because every individual member has a right
to participate in the general assemblies. Consumer cooperatives are enterprises owned by consumers, managed democratically, aiming at fulfilling the
needs and aspirations of the members. Does AWHO meet the standard?
nath@computer.org He is an Independent researcher engaged in research in informa-
tion security, privacy, law & justice. 1 Contents I Introduction 3 II Cooperatives 3 III The Tragedy that befell AWHO 3 IV How AWHO became a Military Autocracy & Tyranny 4 V Multi-state Home Buyer consumer cooperative 5 VI How AWHO Home Buyer was Stripped o Self Governance 6 VII The 97th amendment to the Constitution 6 VIIIAWHO Concept of Cooperative 7 IX Proof of the Pudding 8 X The AG: The Benevolent King Emperor 8 XI Violated the Rochdale Principles 9 XII Public Authorities 9 XIIIThe Tragedy in the Making 9 XIVThe New Benevolent King Emperor 10 XVAbsence of Corruption 11 XVIOpen governance 11 XVII Conclusion 12 2 AWHO AS A MULTI STATE CO-OPERATIVE HOUSING SOCIETY I Introduction R ights of the members of the Society were violated by men who had nei- ther the vision to understand the pioneers of the co-operative move- ment like Rochdale nor the frame of mind to respect the rights of the citizen under the rule of law. When writing about AWHO, the statement made by US President Reagen instantly springs to mind:The nine most ter- rifying words in the English language are: Im from the government and Im here to help. 1 II Cooperatives Cooperatives represent a third sector of the economy, dierent from private enterprises and from public sector entities. Although some examples of con- crete actions are provided, it is not possible to give very specic details on all the issues covered. Nevertheless, cooperatives stand for transparency and accountability. 1. http://en.wikipedia.org/wiki/Consumer_cooperative 2. http://goo.gl/QaWWLz : CONSUMER COOPERATIVES: DEMOC- RACY, DEVELOPMENT, EMPLOYMENT WHAT IS A COPERATIVE? PAGE 3 THE COOPERATIVE VALUES AND PRINCIPLES.. PAGE 5 ENSURING THE COOPERATIVE DIFFERENCE PAGE 10 COOPERATIVES & MARKET ECONOMY PAGE 12 III The Tragedy that befell AWHO The member of a consumer cooperative is an individual person acting as a consumer. Therefore the aim of consumer cooperatives is to meet the needs and aspirations of consumers. The accountability of managers of a consumer 1 https://www.youtube.com/watch?v=xhYJS80MgYA 3 cooperative is to the consumers themselves and not to shareholders. Demo- cratic accountability is direct because every individual member has a right to participate in the general assemblies. Consumer cooperatives are enter- prises owned by consumers, managed democratically, aiming at fullling the needs and aspirations of the members. 2 IV How AWHO became a Military Autoc- racy & Tyranny Had the AWHO top brass been educated on this fundamental idea, they would have developed AWHO dierently. Instead, they developed a real es- tate business owned and operated by the Adjutant General, a PSO at Army headquarters and selling real estate to a captive market of soldiers and veteran. In doing this, Adjuant General used the man in uniform as em- ployees of AWHO, not because it was consistent with the idea of cooperative but because he has the military law to fall back on in getting things done easier, the only model he knew and was constrained by his long military experience and thinking! Considering that a large work force in the mili- tary retire very early, he could have used these members of the Society who had economical interest in the Society to the advantage but AG thought of military discipline for his work force of the serving soldier/ocer instead of the cooperative principles. Had it been done using the cooperative way, the self-interest of the member community would have kept AWHO on the rails as far as the protection of rights of the members were concerned. The serving soldier instead worked for reinforcing the autocracy and tyranny of the AG rather than the democratic principles on which co-operatives were concieved by Rochdale! Misusing serving soldiers and ocers were neither desirable nor advantageous for the tax payer ctizen. As it turned out, it did not prove advantageous to the AWHO members either. Philosophically speaking, the behemoth of AWHO turned out to be a military Formation equivalent to a division or Corps commanded by the General Ocer Com- manding of the rank of a Lieutenant General, who also happenned to be the Adjutant General, a PSO at Army Headquarters. The Chief wanted AG to head AWHO and AG wanted an army of soldiers and ocers who are under military law for their own selsh reasons. None of the men in uniform raised an alarm when the AWHO was turnng to be an autocratic, tyrannical and 2 Euro Coops, CONSUMER CO-OPERATIVES DEMOCRACY,DEVELOPMENT, EMPLOYMENT, http://www.eurocoop.org/dmdocuments/publication_report/ ConsumerCooperatives08.pdf 4 centrally controllled military bureaucratic organization rather than a vibrant democratic consumer member controlled consumer co-operative concieved by Rochdale as the above paper describes. V Multi-state Home Buyer consumer coop- erative AWHO is a multi-state Home Buyer consumer cooperative built to fulll the aspirations of the veteran and serving soldier home buyer to own a home and NOT a public enterprise governed by the public servant to be built with public money (or for that matter Regimental Funds) for charitable purposes to be dispensed at the benevolence of the KING EMPEROR the Adjutant General. AWHO in its enthusiasm for charitable purposes for the veteran and the soldier managed to get exemption from Income Tax stating that it was Regimental Funds which is a stark lie and cheating the tax payer, the government and the AWHO Member. Every ruppee that was surrupticiously made as prot of AWHO came from the pocket of the AWHO member ( veteran and the soldier) and NOT from the Regimental Funds. AWHO, a society keeping 100% of the prots which it should not have made in the rst place. When greed overcame the AWHO, it kept the prot gures secret from the members lest they shuld object. This itself is strange because 1. If members are not members of the Consumer cooperative, why is a public servant, the Adjutant General, in the business of real estate business? 2. By declaring members are not members but just allottees, members were denied all the rights and privileges of members like (a) Being eligible for highest oce of governance (b) Being eligible to vote for the Board of Management. (c) Having authority to supervise the functioning of AWHO (d) Supervisory control of the nances of AWHO. (e) Not even eligible to see the audited accounts of the assets and liabilities and prot report of AWHO (f) democratically approving the rules before their intoduction. 5 VI How AWHO Home Buyer was Stripped o Self Governance In one stroke, the members were removed from all governance of the Society. This a master stroke of genius of the Adjutant General who was just another founding member. And he appoints himself as life time appontment of the Chairman of AWHO. Of course, when the AG changes due to posting or retirement, the Chairman, AWHO also passes on to the new AG. This was surreptitiously passed o as meeting the resuirements of the periodical and recurring election of Chairman of the Society and the members of the Board of Management. With this deception, the military coup detat of the de- mocaratiacally governed Society was complete! Worse still, the Home Buyer cooperative was taken over by the real estate builder, the Adjutant General of Army Headquarters! Thus AWHO became a builder controlled Society with no semblance of Home-buyer/consumer Society but yet able to enforce rules of the Society on the Home buyer/consumer! AWHO thus became just a facade of a Society but actally a 100% the real estate builder interest con- trolled with none of the members wiser as to what has hit them in the name of Welfare of the Soldier! VII The 97th amendment to the Constitu- tion The 97th amendment to the Constitution of India specically denes a multi state co-operative society with objective not conned to a state registered under any law for the time being in force relating to such co-operative society. The salient features of the Amendment to the Constitution are: 1. Insertion of new article 43 B in Part IV of the Constitution providing for the State obligation to promote voluntary formation, autonomous functioning, democratic control and professional management of the cooperative societies; 2. Incorporation of cooperative societies on the principles of voluntary formation, democratic member control, member economic participation and autonomous functions; 3. Conduct of election of a cooperative society by an independent author- ity; 4. Fix term of ve years of oce bearers of the cooperative society; 6 5. Supersession of Board of cooperative society for a period of not exceed- ing six months; 6. Independent professional audit of the cooperative societies; 7. Convening of the General Body meeting of every cooperative society within a period of six months of the close of the nancial year; 8. Access to every member of the society to the books, information and the accounts of the cooperative society; 9. Filing of the returns by every cooperative society within six months of the close of every nancial year; 10. Free, fair, impartial and timely elections of cooperative societies by the State Election Commission or by any other appropriate and indepen- dent body as may be provided by State law; 11. Audit of the cooperative societies to be carried by the auditors from the government approved panel of auditors or rms; 12. Maximum number of 21 Directors to be applicable to all cooperative societies irrespective of their size; and 13. The Legislature of a State make provisions for cooption of members of the Board of persons with experience in Banking, management, nance and specialization in any other eld relating to the objects and activities of the co-operative society as Member of the Board of such Society. 14. Co-opted members shall not exceed two in number. 15. Election of the Board will be conducted by the State election commis- sion with the members voting. 16. Co-opted members not to be eligible to be elected as oce-bearers of the Board. The idea is to ensure democratic control of the Society by Members. VIII AWHO Concept of Cooperative In case of AWHO, every letter and the spirit of the cooperative is thwarted as follows: 7 1. No general body will meet, 2. No elections to Board. 3. Only coopted members (Ex-ocio as AWHO calls it) that too exceeding 2 (actually nearly 8 or 9) will be eligible to be Members of the Board and that too all nominated or usurped on their own as against the Constitution of India amendment which says coopted members are not even eligible to become oce bearers of the Board! It is total topsy turvy of the Constitutional provisions (violated with deliberate abandon) for the governance of the cooperative perhaps because the Society was registered under the wrong Act: Registration of Societies Act 1860 instead of the proper multi state cooperative law and the constitutional amendment passed by the Parliament of independant India. IX Proof of the Pudding The proof of the pudding is in the eating. No wonder that AWHO has violated the letter and spirit of the constitution and 97th Amendment and has turned out to be the monstrous tyranny by the very co-opted members ( who are there NOT because they are experts in the objects and activities of the co-operative society as required by the Constitution of India) and ruled by them through secret and unpublished rules (many of which are against the Constitution of India and statutes ) totally against the interests of the members. X The AG: The Benevolent King Emperor The Benevolent King Emperor (Adjutant General) and his appointee MD, AWHO have turned out to be not so benevolent and turned out instead tyrants who ruled as they pleased, ruled by secret unpublished rules, cheated the members of their rights, their money, the quality of service provided and the quality of construction, quality of the architectural items of the houses and the schedule all without paying compensation to the consumers as required by the law. No thought or actual experiment were required to come to the conclusion that the The Benevolent King Emperor does not work in 21st century where democracy had replaced most of the empires. 8 XI Violated the Rochdale Principles Thus AWHO has violated the Rochdale Principles of Cooperatives based on the values of selfhelp, selfresponsibility, democracy, equality, equity and solidarity. In the tradition of their founders, cooperative members believe in the ethical values of honesty, openness, social responsibility and caring for others. And AWHO went against each one of these principles. At rst glance,this may seem a set of theoretical ideas dicult to implement in prac- tice but the cooperative movement has developed tools to bring these val- ues to real life.( http://www.eurocoop.org/dmdocuments/publication_ report/ConsumerCooperatives08.pdf ) XII Public Authorities How can public authorities better take into consideration the specic nature of cooperatives? It has to be assumed that: 1. Public authorities respect the aspirations of individual citizens and the democratic process through which they establish cooperatives; by de- nition, in a democratic society public authorities do not undermine the will of civil society; 2. Public authorities share some of the same goals as cooperatives such as sustainable development, growth and employment and therefore their actions are complementary. If these two assumptions are correct, the logical conclusion is that pub- lic authorities should not only create a favorable legal, economic and social environment for cooperatives but they should also actively promote the cre- ation and activity of cooperatives. Creating a cooperative society should be as simple, cheap and unbureaucratic as any other type of enterprise but unfortunately sometimes it is not the case. Representative of We the People did this by coming up with the 97th Amendment to the Constitution of India. Co-operative Society has now come part of the constitution of india after passage of this constitutional amendment. XIII The Tragedy in the Making But our own Military Brass controlling the AWHO was neither aware of the constitution of India nor was aware of its implication to we the people. 9 Instead of respecting the constitutional amendment, it has violated the letter and spirit of this constitutional amendment including: 1. Rochdale Principles of co-operatives. 2. Statutes handed down by the British for disciplined demcratically gov- erned society registered under Registration of Societies Act of 1860. 3. Consumer Cooperative Laws of the land. 4. Domain laws of Consumer protection. 5. Domain laws of real estate business. 6. Constitution of India and its 97th amendment XIV The New Benevolent King Emperor And all this in the name of welfare of the veteran and the soldier and in the best interests of the Benevolent King Emperor, Chairman & BoM, AWHO , MD, AWHO, and the Board of Governors, AWHO and its President, the Chief of Army Sta! Comes now the New Benevolent King Emperor, President, User Com- mittee appointed by the MD, AWHO. The military has sworn to protect the Constitution of India from enemies foreign and domestic. At least that is what he had sworn with We the People of India as silent witness to the proceedings. Long live the trust the lowly members repose on the new Benevolence of the King Emperor. And we live in a democratic republic of India in this 21st century where royal prerogative is thing of the past but then that is just incidental to the mindset of the subjects of the Royalty which can be as subjugated as the subjects of the Royalty of the 12, 13 and 14th centuries of Europe and Asia! Long Live the new Benevolent King Emperor and the trust we, the sub- jects repose on HIM. There is reason why the election to the management of the the Owners Cooperative can not be left to the owners and the reasons are well known to AWHO and the Chairman, AWHO. They had screwed up the AWHO Cooperative Society and they can not rest till they screw up the governance of the Owners Society, too! How can the task be left to the owners of the dwelling units? It is against all the laws of the land, but then, who is bothereed of the laws in AWHO, any way. 10 XV Absence of Corruption The absence of corruption - conventionally dened as the use of public power for private gain - is one of the hallmarks of a society governed by the rule of law, as corruption is a manifestation of the extent to which government ocials abuse their power or fulll their obligations under the law. Forms of corruption vary, but include bribery, extortion, improper inuence by public or private interests, and misappropriation of funds or other resources. 3 Sunlight is said to be the best of disinfectants; electric light the most ecient policeman. OTHER PEOPLES MONEY - CHAPTER V The Louis D. Brandeis By total lack of transparency and refusal to answer any serious communi- cation with the Society, AWHO working exactly as a private sole proprietor ensures that the members whose money is used on trust is not allowed to have even an inkling of the corruption, misuse and mismanagement in con- struction of the houses. XVI Open governance Open governance is essential to the rule of law. It involves engagement, access, participation, and collaboration between the government and its citi- zens, and plays a crucial role in the promotion of accountability. Requesting information from public authorities is an important tool to empower citizens by giving them a way to voice their concerns and demand accountability from their governments. Open government is far more than transparency, and encompasses elements such as clear, publicized, and stable laws; admin- istrative proceedings that are open for public participation; ocial drafts of laws and regulations that are available to the public; and the availability of ocial information. 4 . Inspite of all this, we have our Society, which has been declared an instrumentality of the state 5 ghting tooth and nail for total lack of transparency, no right to information to the members and no right to reply. There must indeed be a lot they(AWHO) want to conceal from us the members! 3 http://worldjusticeproject.org/factors/absence-of-corruption 4 http://worldjusticeproject.org/factors/open-government 5 vide Delhi High Court ruling xxxxxxxxxxx 11 XVII Conclusion Let me close with another quote from President Reagen: Government is like a baby. An alimentary canal with a big ap- petite at one end and no sense of responsibility at the other. You can easily say that about AWHO considering that they could charge an escalation of 480% where as the industry cost escalation of construction for the period was only 78% and would refuse to reveal in what item the cost has gone up so tremendously and if the reality of details of escalation if revealed it will embarass the country as if it is a national security secret. It would embarrass the Chairman, AWHO, no doubt, because it will open a Pandoras Box of corruption, mis-governance, cheating and violaton of all laws to boot in AWHO. In fact, the irresponsibility is like that of the Hotel who would refuse to reveal the break down of the bill but expects the customer to pay it up with out knowing how the bill added upto 400% over and above the the expected amount. Hence, it ts in with what Reagen said about baby with the alimentary canal with big apetite and greed for money and power at one end and total lack of responsibility at the other end. This is inspite of the fact that the Chairman, BoM is only a trustee and under Trusteeship they are bound to full disclosure to the beneciaries! Society is produced by our wants, and government by wicked- ness; the former promotes our happiness positively by uniting our aections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The rst is a patron, the last a punisher. Society in every state is a blessing, but government even in its best state is but a necessary evil; in its worst state an intolerable one; for when we suer, or are exposed to the same miseries BY A GOVERNMENT, which we might ex- pect in a country WITHOUT GOVERNMENT, our calamity is heightened by reecting that we furnish the means by which we suer. 6 AWHO usurped & controlled by public servants is prepared to violate every tenet of applicable Rule of Law (Constitution, Statutes and case laws) and repeatedly commit crimes against its own members all for greed for more money and more power. I want to see (a) whether any of these defamed parties will threaten to sue; and (b) what their clever lawyers will seek to 6 Thomas Paine, Common Sense (1776) 12 claim is the defamatory meaning of my statement. 7 Is the Chairman and MD, AWHO listening? ********************************** 7 http://www.indiankanoon.org/doc/1408202/ 13