V.V. Parameswaran
Vice-President, Model Co-operative Hostel Society, Matunga
I read with interest the article that appeared in your website. I have a question.
Ordinance had fixed 31.12.2013 as the deadline of holding the elections (which are due) under the supervision of Authority. Ascertain that as recommended by the Joint Committee certain changes were effected in the ordinance.
One change being the deadline of 31.12.2013 is removed and the Managing Committee can continue to hold the office till the election is conducted by the Authority. Is this true? It is only logical as it may not be humanly possible for the Authority to hold the elections to thousands of society by 31.12.2013.
I C Naik
Notwithstanding the Article 243ZK of the Constitution of India requiring the States that after 14 02 2013 (the election of a board of a cooperative society shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assume office immediately on the expiry of the term of the office of members of the outgoing board)
The M. C. S. Act 1960 provides that
1. [In section 73BC (15)] “Notwithstanding anything contained in this Act, the rules or the by-laws of any co-operative society, the election to the committee and consequent election of the office-bearers which is due on the date of commencement of the Maharashtra Co-operative Societies (Amendment) Mah. Act, 2013, or may become due after such date, until 31st March 2013 shall be held before the 31st December 2013.”
2. [In Section 166 (4)] Notwithstanding anything contained in this Act as amended by the Maharashtra Co-operative Societies (Amendment) Ordinance, 2013, but subject to the provisions of sub-section (15) of section 73CB, the committees of which the elections become due after the 31st March 2013, shall continue till the elections to such societies are held under the provisions of this Act as amended by the said Ordinance or till the expiration of their term, whichever is earlier.
Committees having completed their terms soon after 31st March 2013 say April 30 2013, as per Section 166(4) their term having expired earlier to the holding of elections, such committees do not exist after 1st May 2013.
The Act has failed to take care of such an eventuality except the Registrar’s authorized persons take over immediately. And even such persons will have a tenure of 6 months only(Section 77A)