By I C Naik
The Maharashtra Cooperative Society law is going in circles in the matter of filling up of casual vacancies in Cooperative Societies in the state.
Article 243ZJ in the New Part IXB: The Cooperative Societies recently inserted by the Constitution (97th Amendment) Act 2011, has a proviso reading as under:
Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.
The Maharashtra Cooperative Societies (Amendment) Act 2013 has inserted section 73CB in the M. C. S. Act 1960 wherein subsection (1) says “The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Election 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.”
“Prescribed” is defined in the M. C. S. Act 1960 vide Section 2 (21) “prescribed” means prescribed by rules; and as per Clause (26) “rules” means rules made under this Act
The procedure prescribed for filling up any casual vacancy is in the Election Rules recently framed by the State Government called The Maharashtra Co-operative Societies Election to Committee Rules, 2013. Rule 74 governs the filling in of casual vacancies reading as under.
“In the event of vacancy occurring on account of death, resignation, disqualification or removal of the member of a society or through such a member becoming incapable of acting previous to the expiry of his term of office or otherwise, the Chief Executive officer of the Society shall forthwith communicate the occurrence to the SCEA and the vacancy shall be filled as soon as conveniently, according to the provisions of section 73 CB.
Casual vacancies in Circles
a. Constitution mandates the State Cooperative Election Authority to fill up casual vacancies, in case the remaining term of the vacant seat is more than two and half years.
b. The M. C. S. Act 1960 provides for filling up vacancies in a manner prescribed.
c. The Election Rules (prescribed) say casual vacancies shall be filled up as per the M. C. S. Act 1960 (section 73 CB)