The facts concerning serious allegations could have been better organized, What could be gathered is this.
1.The Office bearers elected prior to abolition of M56 failing to execute the same illegally managed the society till the term ended in 2013 and in August 2014 one Retired Assistant Registrar posing as the Returning Officer called elections and presumably ensured continuation of the same Committee against illegal graft.
2.The Commissioner for Cooperation and Registrar of Societies Pune against the complaint of BABULAL KHANDELWA (a member) directed the District Deputy Registrar to look in to the matter and a hearing has been fixed which will come up shortly. What better step is feasible to get illegal dishonest managing committee dismissed?
I C Naik
RESPONSE
1.For default of M56 Bond the matter is a history and nothing can be done.
2.Managing committee clinging to office beyond its term is protected under Sub-Section (4) of Sec 166.
3.The serious allegation is about a fake Returning Officer. On 11th September 2014 New Election Rules were announced vide
https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf
Legally valid Notice for election issued on 07.08.2014 could not have been issued in the absence of Rules mandated U/S 73CB OF THE MCS ACT 1960. The maiden Chief Commissioner of Cooperative Elections was appointed in 2015 and without his orders No election process could have commenced.
4.For the present chaotic situation for which the State Government (CO-OPERATION, MARKETING AND TEXTILES DEPARTMENT, Mantralaya Annexe, Hutatma Rajguru Chowk, Madam Camas Road, Mumbai, 400032) is primarily responsible the people in the office of the Commissioner and the Registrar of cooperative societies Pune (the C & R C) have immensely contributed on a day to day basis. One can make his own judgment reading several of my post on www.indiancooperative.com
5.Going by the paucity of accurate knowledge about Cooperative Societies Law as it stands post 97th Constitutional Amendment within the rank and file of the office of the C & R C, it appears that chances of getting correct orders from the hierarchy under the C & R C are as good as zero.
6.There are two independent Agencies and both can be approached simultaneously. This course is worth adopting forthwith.
a.File an RTI application for getting a copy of an order issued under New Election Rules (see 3 above) in relation to your CHS, empowering the person performed the procedures a Returning Officer has to perform. For this File application under RTI addressed to Public Information Officer (PIO) C/o Office of the C & R C S Pune.
b.The other is filing a dispute in Cooperative Court as provided under Rule 78. Election disputes.—No election shall be called in question, except by an election petition presented to the Co-operative Court as laid down in section 91.In fact this can be advanced as a reason to quash the same and not give any ruling in the proceeding initiated by DDR as directed by the C & R C S.
By the time you get response (most likely in the negative to the effect that the alleged Returning Officer was not appointed by SCEA and any election so held is illegal etc ) hearing before Cooperative Court should come up. ?