Vaibhav Kanabar
I have few queries, request you to please give me guidance for the same:
(Please note, society has adopted new bye laws, but no fresh elections are held after that).
A) If committee has 9 members, out of which 7 are co-opted. Is the committee legally valid?
B) Committee is calling a special invitee (lawyer) in SGM. Is it allowed? Can SGM decline having special invitee (by majority voting against) who is not a member of society.
C) Our society has sent a requisition with more than 1/5th members signing it, requesting Management committee to call SGM. Managing committee has called SGM asking all members to compulsorily attend who have signed or calling it act of coercion / misleading. Is it true?
Request you to please give your comments. Thanks
I C Naik
A) After 15-2-2013 the authority to conduct election to committees of every Cooperative Society has been vested in a State Level Authority called SCEA. Section 73CB (1), Election Rule 74 and Article 243ZJ (2) all govern the Cooperative Society elections including casual vacancies. In the absence of full facts the answer has to be determined by you based on the following 3 things.
1.”73CB (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
2.Rule 74 of the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014.(In force from 11 9 2014) governs filling up casual vacancies
74.Casual vacancies how to be filled in. – In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting prior to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence of such vacancies to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of the Act. The person so elected or co-opted or, as the case may be, nominated shall hold office so long only as the member of the committee in whose place he is elected, is co-opted or, as the case may be, nominated would have held it, if the vacancy had not occurred.
3.Article 243ZJ (2) of the Constitution of India (in force from 14 2 2013) has a Provison reading as under which is a final authority on this subject.
Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.
b) SPECIAL INVITE TO SGBM
This is neither provided nor prohibited but important point is he cannot vote on any proposal in the Meeting. There is no reason why a majority should object but if they want they have a right to ask Invitee to leave the meeting.
c) Can the Committee force all members to attend requisitioned meeting.
Committee may do it, but members are free to take their own decision whether to attend SGBM. If Quorum is not present such SGBM gets cancelled if it was a requisitioned meeting.
