R.G & Co.
I will be highly obliged if you clarify regarding:
Whether a Managing Committee of Cooperative Housing Society can co opt a Committee member to fill the vacancy caused by resignation or disqualification of a committee member in the circumstances where there is no clause in the Bye laws of the Society to fill the vacancy.
I C Naik
Article 343ZK(2) of Constitution of India requires every State / Union Territories in India to amend their Cooperative Laws to give effect to the following constitutional mandate.
(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law:
Term “All elections to a cooperative Society” includes filling up casual vacancies, and electing office bearers. So the Society should inform the nearest Office of the Registrar of Cooperative Societies about such casual vacancy.