Vijay Soni
Our is 21 members CHS Ltd, at Dombivli. My query is that, does it mean once Committee members are elected they need retain their posts for 5 years and they cann’t resign from either committee membership or post i.e. chair / sec / treasure. ?
If after 1 years if whole committee resigns at a time, do we need to call ‘State Co-operative Election Authority’ and seek their member appointment and to pay fees of Rs.5000/- or what ?
In case only office bearers i.e. Chairman / Secretary / Treasure resigns after 1 year that what will be the position ?
Shortly speaking the new rules of appointment of ‘State Co-operative Election Authority’ member if the whole committee or individual office bearer resign from their / his posts ? considering strength of 21 members of our CHS.
I C Naik
Present dismal scenario on cooperative front in Maharshtra
The administration of cooperative law in the State of Maharashtra (in many States) has never been completely disarrayed in the aftermath of
1. the Constitution (97th Amendment) Act 2011 [“97CAA”]
2. the Maharashtra Cooperative Societies (Amendment) Act 2013 [MCSA2013]
3. the Maharashtra Co-operative Societies Election to Committee Rules, 2013
The initiatives by the Centre (the strongest constituent of Indian Federal structure) to depoliticize cooperatives in all States through constitutional reforms has coincided with greatest political event this year and are getting massacred by almost all units of our federal structure. Maharashtra has taken lead in that too in working diametrically opposite direction. Look at the chronology of events:
1. 97CAA mandates election of committees well ahead of expiry of current one
2. 97CAA mandates all elections in cooperatives to be condconducted by theState level cooperative election authority
3. This Authority of 44 persons has been constituted in the State.
4. The State Assembly mandated the State Government to hold elections latest by 31 12 2013 in those cooperative societies the tenure of whose committees expired before 31March 2013.[Sub-Section 15 of Section 36 CB of the M. C. S. Act 1960 as inserted by MCSA2013]
5. Section 166 (4) of the M. C. S. Act 1960 provide for an open ended deadline for the committees of which the elections become due after the 31st March 2013.
6. On 4 12 2013 the Bombay High Court (by a bench headed by Justice SC Dharmadhikari ) directed Maharashtra Government to form within two weeks a State Cooperative Election Commission Authority to conduct elections of all cooperative societies.
7. The Sate Cabinet has extended the dead line of the elections till 31 12 2014 reportedly to allow the cooperative office bearers to help ruling front garner election gains. [Posted on 17 December 2013 by Ajay Jha on www. indiancooperative.com Categorized | Misc. cooperative, elections, govt, maharashtra, NCP
In this background how do we find the answer to the questions raised by Vijay Sony from Dombivali.
In a situation prior to the commencement of 97CAA it was much easier.
(i) Office bearers could resign from office or Committee at will. New members could be inducted by Committee.
(ii) Whole Committee could resign and operate as care taker till a new one is installed by the general body meeting
And today though the Office bearers could resign from office, it may not be advisable as the new ones have to be elected as per directions of the SCEA which has not become functional.
If the whole Committee were to resign the Registrar’s person will jump in to (miss)manage the housing society in his new Avtar of Administrator now being re-designated the “authorized person under new Section 73I read with 77A of THE M. C. S. ACT 1960 Act.
My advice is not to disturb the present arrangement. Even if you were to go for misadventure in all probabilities the Authorized Officer will knock at the door of your society office.
The Dead end
Real joke is in this provision under Section 77A:
“In no circumstances the term of office of the authorized officer shall exceed six months from the date of holding office.”
There is a dead end after six months as the elections have been extended till 31 12 2014.