We are conducting election of managing committee in our CHS consisting of 22 members. We will easily be able to fill the 6 general and 2 women’s seats in the committee. My query is with regards to the balance seats reserved for SC/ST and OBC category. None of the members fall within that criteria. What can we do? Is it ok to leave those seats vacant and only continue with 8 members? Or will those seats be filled by the officer appointed by the SCEA?
I C Naik
At the outset let it be clear that the Ward Cooperative Election Officer (WCEO) is in charge of the election of societies registered in the Ward. So I am bit confused when you say “We are conducting election of managing committee” If you are holding election as per earlier practice, stop that. Inform the Dy Registrar about expiry date of the 5 year term of your committee. Now the Elections are being held in accordance with the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. (New Election Rules)
I have to assume that your CHS has substituted its registered bye-laws which were in force all these years by 2014 Model which is claimed to be aligning to the Cooperative Societies Law as stands post 97th Constitutional Amendment. If not, the answer will be different. Reservation of seats are prescribed vide second proviso to new Article 243ZJ of the Constitution reading as under:
Provided further that the Legislature of a State shall, by law, provide for the reservation of one seat for the Scheduled Castes or the Scheduled Tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons.
You must be aware that Constitution provisions override any conflicting provision under ant enactment. So reservation of cast based 3 seats as provided U/S 73B is ultra vires the Constitution. Mark carefully the reservations appy to “co-operative society consisting of individuals as members and having members from such class or category of persons.” As cast based your CHS does not have S C/ S T there is no need to make any reservations. Whether these 3 seats fixed under Bye-Law No 114 need to go vacant or they belong to unreserved constituency is a matter will go up to Supreme Court and may be put at rest by around 2025. Presently go by WCEO as they are not trained to listen to cooperators and are poorly briefed by their higher ups on recent changes. Many evidences of this are found but look at the following post to satisfy yourself.
https://www.indiancooperative.com/from-states/how-a-dy-registrar-misguides-people-in-mumbai/
In case you have not seen new Section 73AAA here is a relevant part.
“73AAA. (1) The Committee shall consist of such number of members as may be provided in the by-laws:
Provided that, the maximum number of members of the committee shall not exceed twenty one: