Theos-Talk Archives (May 1996 Message tl00110)

   To: Theos-l, Theos-Buds, Theos@netcom.com

   Hi, everybody:

   Here is an update on the on going communication with Wheaton on
   the issue of disenfranchisement of the voting rights of members.

   I Faxed my letter of April 27, 1996 to John Algeo. In response, I
   received the attached reply today.

   It may be noted that the reply is dated Saturday, April 27, 1996
   and was sent to me by snail-mail and the USPS postmark on the
   envelope is dated Tuesday April 30, 1996. It was received by me
   today Friday, May 3, 1996. So it took *six* days for John Algeo's
   reply to reach me. In these days of instant communication, it is
   toooooooooo long, especially when I am accessible by all modern
   means of communication such as fax, e-mail etc.

   -------------------------------------------

   The following are my comments on John Algeo's letter of April 27,
   1996.

   As I already had stated in my earlier post in response to Eldon's
   message, the reasoning in John Algeo's letter is very
   satisfactory and has *no* legal basis.

   Firstly, TSA is a Illinois Non Profit Corporation and hence is
   governed by the Illinois Statutes and the TSA's Bylaws and *NOT*
   by International Rules. Whatever may be the International Rules,
   they *DO NOT* apply to TSA unless the specific detailed
   implementation is specifially voted on by the members of TSA and
   is part of its Bylaws. Saying that "international rule to the
   same effect is even older" is totally irrelevant and inapplicable
   to TSA.

   General statement of applicability will not cut it. If that be
   the case, then the issue of the International Organization
   controlling TSA through the device of International Rules comes
   up. This may be *illegal* under Illinios Statutes. In addition it
   may open up a pandora's box with very serious consequences.

   TSA as a 501(c)(3) organization, cannot be controlled either
   directly or indirectly or overtly or covertly or secretly by
   *any* foreign organization. If facts and circumstances can
   establish that this is the case, TSA can lose its Federal tax
   exempt status retroactively since Federal Income Tax Code
   prohibits any foreign entity controlling any US Tax Exempt
   Organization.

   Secondly, there is this basic principle of voting rights. Any
   time any changes are made to the qualifications to the rights of
   members, such changes should not infringe upon any currently held
   right of any member at the time such change takes place. This is
   technically called *grandfathering*. If grandfathering is not
   done, then the consequence of any change is that of taking away
   any existing right of an individual. This is a very serious and
   important principle and all civilized countries practice it
   everyday. TSA's response totally ignores this either due to
   ignorance or what ever other reason. (There was somewhat of a
   similar situation arose some years ago when TSA tightened the
   qualification requirements for the position of the National
   President. I do not plan to go into it now).

   So the only conclusion one can come to is that the voting rights
   of some of the members of TSA are taken away by TSA excluding
   them from the present election balloting by not sending them
   their ballots.

   If anyone disagrees with my analysis above, I suggest to consult
   your friendly attorney who may enlighten you and give us the feed
   back so that we all can understand the issues discussed above.

   MK Ramadoss

   ====================================
   John Algeo's Reply to my letter of April 27, 1996

   Saturday, April 27, 1996


   Dear Mr. Ramadoss:

   	In response to your query about the eligibility of members
   of the Society to vote, International Rule 29e says:

        Without prejudice to the provisions of Rule 10 [governing
        the election of an international President), no member in
        good standing for less than twenty-four consecutive months
        immediately prior to the date of voting shall have the right
        to vote in elections and others matters pertaining to
        Lodges, Federations, Regional Associations, National
        Societies or other duly constituted bodies of the
        Theosophical Society.

   	In accordance with that rule, bylaw 4, section 8, of the
   rules of the Theosophical Society in America states:

        In accordance with the Rules of the international Society,
        only members in good standing for two years or more shall
        have the right to vote.

        In addition, bylaw 12 states;

        These bylaws shall become legally effective and supersede
        all previous bylaws of the Theosophical Society in America
        upon the date of their adoption by referendum

   	The ballots adopting the new bylaws were counted on January
   6, the results certified by the National Secretary, and his
   report received and ratified by the National Board at its January
   meeting. The new national bylaws have been in effect since that
   time, and the International Rule to the same effect is even
   older. No disenfranchisement has occurred since no one has been
   deprived of any right under either national or international
   rules.

                                 Sincerely yours,



                                 John Algeo
                                 National President

   M. K. Ramadoss
   4203 Gardendale, Suite 226
   San Antonio TX 78229-3137