Suryanarayanan
I have seen two of your advices of 2013 saying that tenure of Managing committee is 5years after the amendment to MCS act in March 2013. You have specified the date also.
Since then I have not seen any correspondence on the subject, is it because, it is a settled position .
I presume there would have been cases in court also. Are there any case laws on the subject
I am from Shree ram cooperative housing society in Andheri(w) and we have election scheduled on 25th October at 10.00am
Speaking to presiding officer , I feel he thinks 5year period is applicable only for elections held after march 2013.. So he thinks it is in order to conduct elections now. An opinion shared by my colleagues too.
I feel as a professional rather than turning blind eye , I have an obligation to tell what I think is the correct position and hence plan to share the advices you have given in 2013.
Obviously some will see as creating trouble. So I want to inform but does not want to become show stopper if there is disagreement.
Is it possible to reconfirm that there is no change in your current thinking on the subject of tenure of committee elected in 2012 May as 5 years from date of election?
I C Naik
This is to reconfirm that Constitution mandates under Article 243ZJ
“2) The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:”
243ZT. Notwithstanding anything in this Part, any provision of any law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended or repealed by a competent Legislature or other competent authority or until the expiration of one year from such commencement, whichever is less.’.
Elections before 5 years or terminating a Committee on completion of original term of 3 years in unconstitutional.
it is not true that laws are always prospective.
? Any Committee member not contesting election to day can file a complaint in Cooperative court to declare to day’s election as unconstitutional and new committee ca not take charge/manage the society.
Section 91 of MCS ACT 1961 (1) Notwithstandinganything contained in any other law for the time being in force, any dispute touching the constitution,elections of the committee or its officers, conduct of general meetings, management or business of a society shall be referred by any of the parties to the dispute, or by a federal society to which the society is affiliated or by a creditor of the society,to the co-operative Court if both the parties thereto are one or other of the following:–
(a) a society, its committee, any past committee, any past or present officer, any past or present agent, any past or present servant or nominee, heir or legal representative of any deceased officer, deceased agent or deceased servant of the society, or the Liquidator of the societyor the official Assignee of a de-registered society.
(b) a member, past member of a person claiming through a member, past member of a deceased member of society, or a society which is a member of the society or a person who claims to be a member of the society;
Make sure you follow requirement of section 148 namely “
[( 3) No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.]”
