Our society is of 18 members only in Pune (Maharashtra) election is due for the last three months. We have applied for fresh elections to the concerned authorities but nothing is done till date. As per new decision taken by the govt. In June 2018, regarding elections, can we go for elections without consent from Registrar of cooperatives. Kindly advise.
I C Naik
- New decision of June 2018 has not come in to force as necessary legislative action has not taken place.
- When the tenure of any elected Committee is due to expire, the Committee has to wake up at least six months before the last date of the Committee in office. Sub-section (14) of Section 73CB provides as under:
(14)The committee of every co-operative society shall, –
- a) inform the State Co-operative Election Authority about the expiry of its term of office at-least six months before the date of expiry of such term;
(b)inform any casual vacancy occurred in the committee or its office bearers, within fifteen days of the occurrence of such vacancy;
Having taken action as provided above, the Committee has to await instructions from the THE STATE COOPERATIVE ELECTION AUTHORITY .
The next provision is contained in Section 73I of the M C S Act 1960 extracted below:
“73I. (1) As provided under sub-section (14) of section 73CB, it shall be the duty of the committee to intimate to the State Co-operative Election Authority, for holding of its election, before expiry of its term.
(2) Where there is a willful failure on the part of the committee or authorized Administrators to intimate to the State Co-operative Election Authority as required under sub-section (1) for holding of its election, and for any reason whatsoever, election of the members of the committee could not be held before the expiry of its term then the members thereof shall cease to hold their office and in such a situation the Registrar shall take action as contemplated under section 77A.
It is also necessary to see what is relevant to your society as the elections are overdue.
“77A. APPOINTMENT OF MEMBER OF COMMITTEE, NEW COMMITTEE OR ADMINISTRATOR, WHERE THERE IS FAILURE TO ELECT MEMBER TO CONSTITUTE COMMITTEE OR WHERE COMMITTEE DOES NOT ENTER UPON OFFICE.
(1) Where the Registrar is satisfied that,—
(1-a) xxxxx
(a) xxxx
(b) the term of the committee of any society or of any of its members has expired and there is a failure to elect the members required to fill the vacancies;
xxxxxx
the Registrar may, either suo-motu or on the application of any officer or member of the society by order appoint—
(i) any member or members of the society to be the member or members of the committee to fill the vacancies;
(ii) a committee, consisting of not more than three members of the society, or one or more authorised officers”, who need not be the members of the society, to manage the affairs of the society till a new committee enters upon office:
“Provided also that, if no member or members of the society are willing to work on such committee, it shall be lawful for the Registrar, to appoint one or more authorised officers, not being a member of the society, as he may deem fit, to look after affairs of the society. “;
(2) The committee or authorized officer so appointed shall, subject to the control of the Registrar and to such instructions as he may, from time to time give, have power to discharge all or any of the functions of the committee or of any officer of the society, and take all such action as may be required to be taken in the interests of the society.ubstituted:
(3) The Committee or authorized officer so appointed shall hold office for a period of six months from the date of assuming the management of the society and shall -make necessary arrangements for constituting a new committee within the said period and for enabling the new committee including any new committee referred to in clause (f ) of sub-section (1), which is determined by the Court to have been legally elected, to enter upon office;].n no
“Provided that, in no circumstances the term of office of the committee or authorised officer shall exceed six months from the date of their holding office.”;
After careful study of these provisions you should know what wrong thing hash happened in your society .
