Neelam Desai
This is with respect to the election to be held every 5 years in the cooperative society. Has there been any amendment that provides that election could only be held once the related legislations would be notified?
The election is due in the year 2014- 15 , request your guidance
I C Naik
Our repeated requests to mention name of the State and/or Model of the Bye Laws registered by the Society of the questioner are ignored and adequate information is not supplied with the question, leading to making assumptions at the peril of a wrong advice.
My guess is Neelam Desai sounds to be a member in housing society in Mumbai.
The Maharashtra Cooperative Societies (Amendment) Act 2013 amended the M C S Act 1960 as a result of the need arising under new constitutional provision made by inserting “Part IXB: The Cooperative Societies” in the Constitution of India. Every State was supposed to align its Cooperative Society Law to constitutional provisions under this Part.
On the question raised by Neelam Desai, Article 243ZK of this Part is relevant which reads as under:
(1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board 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.
(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:
Provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections
As the State Administration was busy in Loksabha Elections and now for Assembly Elections the State Assembly had using a foresight made a provision for an escape route as early as August 2013 when the Maharashtra Cooperative Societies (Amendment) Act 2013 was enacted effective 14 2 2013. The escape route is here:
Sub-Section 4 of Section 166 inserted by the Maharashtra Cooperative Societies (Amendment) Act 2013:
“(4) 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.
For holding election to cooperative societies in the State New Section 73CB(1) of THE M C S ACT 1960 as inserted (supra) provides that :
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to a society shall vest in the authority called as the State Co-operative Election Authority’, as may be constituted by the State Government in that behalf. Every general election of the members of the committee and election of the office-bearers of a society including any casual vacancy, to the extent applicable, shall be held as per the procedure prescribed.
The “election fever” held back the State Administration from following actions contemplated under above Sub-Section (1) of Section 73CB.
1.Having (reportedly) constituted a 44 member State Cooperative Election Authority, it is headless so dis-functional.
2.Last August issued Draft Rules for Elections – finalization pending
3.In December issued draft Rules to amend the M.C.S. Rules 1961
Hopefully new State Government will attend the above unfinished agenda expeditiously i.e. before March 31 2015 so new cooperative year has a new Committee.
Thank you very much for sharing the information.