We are having society of 13 members. In which 3 are elected and other 10 are Co opted after feb 2013. Is this committee valid. And is the financial decision taken by this committee is valid.
I C Naik
I am slightly confused. Did you mean that We are having Committee society of 13 members. Word Society to be substituted by committee.
Assuming that, it appears 10 members resigned after February 13 leaving only 3 on board who coopted the 10.
This Committee is not constituted as per the law prevailing then. However what the Committee did is not invalid because of Provision in Sec, 77 as reproduced below.
Section 77 – Acts of societies etc., not to be invalidated by certain defects
(1) No act of a society or a committee or any officer, done in good faith in pursuance of the business of the society shall be deemed to be invalid by reason only of some defect subsequently discovered in the organization of the society, or in the constitution of the committee, or in the appointment or election of an officer, or on the ground that such officer was disqualified for his office.
On 14 2 2103 Ordinance No 1 amending MCS Act was promulgated. Section 37 of the Ordinance inserted a new Section 73CB and its Sub-Section read as under: The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
On 30th August 2014.Election Rules were published in the Gazette
https://consumerresourcesin.files.wordpress.com/2014/10/mscrulesfinal-2014.pdf