Yt Framework

Former councilor and Lawyer Kim Elago yesterday filed an injunction case against Zamcelco officials led by NEA Supervisor and General Manager Jesus Castro calling the court to stop the conduct of the Annual General Membership Assembly (AGMA) scheduled this June 17, 2012 at 1 p.m. in three separate venues instead of one.

Elago, in his petition asked the Regional Trial Court to prohibit and declare as null and void with a Temporary Restraining Order (TRO) and Preliminary Injunction the forthcoming general assembly of Zamcelco which will be held in three venues alleging that it is highly irregular and illegal under the cooperative’s by laws.

“Under the coop’s by laws, the conduct of the general membership meeting should be held only in one venue because if they will conduct it in separate places, how can the member consumers object? How can they pass resolutions and how can they approve a contract or policies if the members are located in separate places?” Elago asked.

He said under the rules of the cooperative, the new members of the board should be presented to the member consumers during the meeting.“So how can the other members see the new elected board members if they are on the other venue?” Elago continued.

The lawyer said under Section 3 of the by laws, the notice of the schedule of the general assembly to the consumers should be in written documents or by mail and not announced through local newspapers.

He said the published schedule of the meeting in newspapers is supposed to be supplemental only.  According to Elago, under the same rules, the directors should be elected in a district annual membership meeting and clearly the newly elected board members did not follow the said rule.

Elago emphasized there was no conduct of the AGMA last year, “so it is unclear as to what business they are going to present to the consumers.”
He expressed optimism the court will grant his request during the hearing scheduled on Friday.

by: Nonong Santiago