Rita Das, Kolkata
I am a member of a Cooperative Housing Society in Kolkata. I would like to have your valued guidance with regard to some anomalies that are going on in our Housing Society with regard to Election of new Board of Directors.
The tenure of the present Board of Members has expired on 30th March, 2014 (5 yrs period). They are still holding on to their post.
The office of the Cooperative election Commissioner had directed the Joint Registrar to conduct the election vide their letter dated 24-2-2014, but the Jt Registrar is not holding the election on the plea of Loksabha election which has been over in mid May, 2014. Till date no information has been received from the Registrar office inspite of writing to them for holding the election which has been long overdue.
What should be our course of action?
I C Naik
Now election to Committee of all Societies is in the hands of State Cooperative Election Authority. Unless that Authority takes steps the Committee has to carry on as a Caretaker Committee and no option. If casual vacancy is created by resignation or whatever reason it can be filled by Co-option.
Not all members can resign at least two must continue to co-opt the rest, later the two can resign and in that the Society ha s a new Committee of willing members. This is legal way of changing Committee without election and it is perfectly permissible under the Constitution.