If Election of Managing Committee of Co-op. Society is not conducted after expiry of their term What is the action from Registrar of Societies
I C Naik
Post Constitution (97th Amendment ) Act 2011 the Maharashtra Cooperative Societies (Amendment) Act 2013 (in force from 14 2 2016 has inserted Section 73CB of the MCS Act 1960 provides inter alia (briefly stated) :
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. The committee shall 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.
If what is required of Committee is not complied, provisions of Section 73I comes in to play: Where there is a willful failure on the part of the committee to intimate to the State Co-operative Election Authority as aforesaid for holding of its election, 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.
Section 77A provides that where the Registrar is satisfied that a new committee has failed to enter upon office on the date the existing committee expired the Registrar may by order appoint a committee, consisting of not more than three members of the society, or one or more authorized officers”, who need not be the members of the society, to manage the affairs of the society and to constitute a new committee within six months holding elections.
If nothing of this sort happens as is the case in your society the State Cooperative Election Authority should be informed forthwith and continue as provided under SUB-SECTION 4 of Section 166 till a new Committee is elected.