Satish Pardeshi
From last 20 years & has made a policy that if any one who becomes secretary will have to work full time.
But now Society has elected a new person in his place as a Secretary but the old sec. has objected n send a circular that the election what we have conducted stands null & void as per the new bye laws on election ie Scty has to inform Dy.Registrar of the ward before conducting election but as per the news appeared in The newspaper “Afternoon” Dtd 13th Aug 2013 is mentioned below which clearly states that No supervised election process is reqd if the members are less than 100 members unless if anybody objects
No supervised election process for CHS with less than 100 members
Cooperative societies, especially Cooperative Housing Societies (CHS) having less than 100 members, can now heave a sigh of relief in respect of guidelines for holding elections to managing committees. A senior official from the Cooperation department, while speaking to the ADC on condition of anonymity yesterday, clarified that those CHS with less than 100 members can hold elections to constitute new managing committees on their own provided that there are no objections raised over the election process. If there are any objections raised, the elections will have to be conducted by secret ballot and by the State Cooperative Election Authority (SCEA).
I C Naik
Mr. Satish Pardeshi residing in Mulund Coop Hsg Society in Mumbai having 35 Members has two matters weighing on his mind, post “The Maharashtra Cooperative Societies (Amendment) Act 2013”
1. In his Society the same person has been working as a Secretary for the last 20 years as no one was willing to handle the thankless job.
2. Recently his Society elected a new person in his place but the old Secretary objected and sent a circular to members that the election was illegal. The new laws required that Dy. Registrar of the ward should be advised before conducting an election.
3. Satish Pardeshi came across a news report in “Afternoon” Dated 13th Aug 2013 to the effect that “No supervised election process was necessary if the members are less than 100 members and no body objects to internal election process. It was a leak out from the Department of the ensuing rule and the informer did not want to be identified.
This has confused him completely and wants to know the correct position in law.
1. If one looks at the latest Constitutional mandate as per THE 97TH CONSTITUTIONAL (AMENDMENT) ACT 2011, it is quite clear that States do not have any flexibility in making election laws of cooperative societies after 14 2 2013 otherwise than to hold them under supervision of a State Level Election Authority.
2. Read the following and interpret the latest law yourself. (Effective 14 2 2013)
3. “Constitution of India Article 243ZK in Part IXB The Cooperative Societies ;
(1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board.
(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law:
Provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections”
4. The States were given a preparatory time of 12 months granting immunity against default of constitutional mandates as per Part IXB of the Constitution.by declaring validity of any inconsistent provision in the State Cooperative Law till 14 2 2013.
5. So whatever we hear contrary to the above it does not deserve any attention.
6. Only exception to this rule is that the State consciously or perforce under the circumstances, goes for contempt of the Constitution mandate not taking a required step. There is no provision for any punishment to those responsible for such serious lapses. Example is in Mumbai several housing societies have Committees the 5 year tenure of which has already expired after 14 2 2013. “The members shall cease to be members of the Committee in such cases” as per amended M. C. S. Act 1960 under Section 73I(2) and the Registrar has to appoint an authorized officer is obliged to manage that cooperative housing society as provided under Section 77A. But nothing has been reported to have happened as if operation of section 73I and 77A have been suspended automatically.
7. And here in this case the informer did not want to be identified giving such important information that Societies having less than 100 members can hold elections as they have been doing so far. There is nothing in Part IXB Constitution to suggest that States have any such power. Look at the pathetic state of affairs being run by the Cooperation Department of the pioneering State.
8. The Constitution is the Supreme legal document of the Country. The States have powers by virtue of the provisions in the Constitution and look at them they violate constitution provision at will.
9. It was because of such autocratic conduct of the State that 97th CAA had been brought in to operation by the Union Government.
Answer
1. The old Secretary having worked for 20 years had not committed a crime. He gave his private time for ungrateful members when no one was willing.
2. Now because he reads latest laws and when he is right in saying that the election after 14 2 2103 was null & void as per Article 243ZK read with new Section 73AAA of the M. C. S. Act 1960 as amended by the Maharashtra Cooperative Societies (Amendment) Act 2013, the members have complaint against that. How ungrateful !!!
3. The new law [ Section 73CB (14) of the amended M. C. S. Act 1960 ] is that Society has to inform the State Cooperative Election Authority six months prior to the elections becoming due for the managing committee. But where is the Authority?
4. Let the old Secretary continue till December 31 12 2013 and await State moves.
