G S Chaturvedi
We want to know if holding election for managing committee of our co-op society will require presence of representative from election authority / dy. Registrar representative OR we can conduct elections as per old procedure. Number of members in our society are 83. We will have to elect 7 members OR 11 members. Whether we have to adopt new bye laws? Whether new bye laws are approved by Govt? Is 31 December 2014 was the last date for holding elections.?
I C Naik
Rishi Chaturvedi wants to know
1.If holding election for managing committee of our coop. society will require presence of representative from election authority / dy. Registrar representative ?
2.Can they conduct elections as per old procedure .
3.As number of members in our society are 83 should they elect 7 OR 11 members? .
4.Whether they have to adopt new bye laws?
5.Whether new bye laws are approved by Govt. ?
6.Is 31 dec. 2014 is last date for holding elections.?
www.indiancooperative.com has to assume that Rishi hails from Mumbai (MAHARASHTRA) because Mumbaikers have this style of shooting volly of questions.
Responses
The Maharashtra State Government has in supersession of all election rules of cooperative societies published the Maharashtra Co-operative Societies Election to Committee Rules, 2014 on 11-09-2014. Have a look at the same on following site
https://consumerresourcesin.files.wordpress.com/2014/10/election_rules_final.pdf
QUESTIONS 1 & 2
As per section 73AAA (14) ) The committee of every co-operative society 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;
You can do it now as the State Co-operative Election Co-commissioner (SCEC) has only recently been appointed.
Since your C H S is having members below 200 Rule 76 reproduced below
applies.
QUOTE: “ Rue 76. Election of the Committee to the type ‘D’ societies.—
(1) The society shall prepare its list of voters and submit a copy thereof to the Taluka or Ward Co-operative Election Officer within seven days from the date of preparation.
(2) Election of these societies shall be conducted in Special General Body meeting called for this purpose. Such meeting shall be presided over by the person appointed, by the SCEA for this purpose. The notice of the meeting shall be issued by the Presiding Officer or by such officer, as the case may be at least fifteen days before the date fixed for such meeting :
Provided that, the General Body of the society by resolution may submit requisition to the Taluka or Ward Co-operative Election Officer, to hold the election as prescribed in rule 75, the Taluka or Ward Co-operative Election Officer shall proceed for the election as per procedure laid down Rule 75 :
Provided further that, in case of failure of the Special General Body Meeting called for the purpose to choose member of the committee for any reason, the person appointed shall report to the SCEA or, District Co-operative Election Officer or, the Taluka or Ward Co-operative Election Officer, as the case may be, to conduct the election as prescribed in rule 75 :
Provided also that, the person appointed for the election purpose shall have no right to cast a vote in any circumstances.
(3) The person appointed for election purpose shall attend the meeting and report the SCEA within two days of the meeting held for the purpose.”
QUESTION 3, 4, 5.
Strength of the Committee is governed by bye-laws pursuant to section 73AAA(1) reading as under:
1.The Committee shall consist of such number of members as may be provided in the by-laws:
Provided that, the maximum number of members of the committee shall not exceed twenty one:
2.Your committee has an option to co-opt 2 experts member who may not be the members of the Society.
3.It is not obligatory to adopt new Bye-Laws till your C H S is directed by the Registrar.
4.New Bye-Laws are approved and are being sold by Mumbai district housing Federation fort Mumbai at ` 80 per copy.
5.The Maharashtra Cooperative Societies (2nd Amendment) Act 2013 amended Sub-Section 15 of section 73AAA of the M C S Act 1960 and extended the deadline of election to the managing committees of cooperative societies having completed its terms prior to 31st March 2013.
6.Part of Sub-Section (4) of Section 166 of the M C S Act 1960 as inserted by the Maharashtra Cooperative Societies (Amendment) Act 2013 relevant to the question is reproduced below:
Notwithstanding anything contained in this Act, as amended by the Maharashtra Co-operative Societies (Amendment) Act, 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 Act.
Answers to the questions have to be found by questioner where complete information is not provided with the question.