P.Raghavan
In view of the postponement of election, can a society co-opt from among the bonafide members for the vacancies existing due to the resignation of a managing committee member? If yes, is the society required to take approval of Dy. Registrar or any other authorities?
I C Naik
Unfortunately no co-option is legally permissible. State is in breach of several Articles of the Constitution so are hundreds of Cooperative Societies-thanks to Election fear within the ruling front.
Legally if the Dy Registrar is informed about the casual vacancy he will appoint an Authorised Person under amended Section 77A to manage the Society and to hold elections within six months as his tenure cannot be for more than six months. In violation of law Dy Registrar may send another person for another six months as for illegal activities of Government officers the remedies are very expensive and time consuming. So societies have to decide how they want to steer clear through State sponsored Chaos proactively or passively.
