I am writing to you from MUMBAI. Maharashtra co-op.Societies Act & Rules are applicable to us.
We have not adopted the amended Model Bye-Laws. It is proposed to be adopted in the coming AGM. Members were led to believe that model bye-laws have been adopted. We have been following Bye-Laws 20003. In fact election held under the Administrator app. 3 years ago was expressly held under Bye-Laws 20003, and co-option of committee members were also expressly done under 20003 Bye-Laws.
Recently( in April 2016) election of our society was held by the Election Commissioner as per new bye-laws.
Earlier we were having 9 members managing committee, but the newly elected committee consists of 15 members.(12+3)
Furthermore the election officer prepared voters list as on Sept.2015, whereas as per our existing Bye-Laws it should have been as on 31-12-2015, or maybe 31-03-2016.
CAN WE CHALLENGE THE ELECTION ON THIS GROUND.
An URGENT reply will be highly appreciated, as it will give us time to act on your advise.
I C Naik
Dear Dr. Muhammed Farooq Khan
I am glad to come across a right thinking cooperator. My INTERIM RESPONSE directly to you. I am not sending this to web.
Elections to Managing Committees in Maharashtra under the supervision of New State Cooperative Election Authority are in a mess. The briefing to Staff engaged in Election processes is way below 1 (may be -3) on the rating scale as under:
Satisfactory 1, Good 2, Very Good 3, Excellent 4, Perfect 5.
Elections are to be conducted in accordance with the Maharashtra Co-operative Societies (Election to Committee) Rules, 2014. Rule 78 reads as under:
Rule 78: Election disputes.—No election shall be called in question, except by an election petition presented to the Co-operative Court as laid down in section 91.
I have posted my apprehensions in this matter which time permitting you may go through. The title is frightening.
Maha CHS : Tsunami of Election Disputes imminent
But there are two important points.
1.Why a member want to challenge election, just as you are also thinking.
2.The cost of litigation vis a vis the gains
Please give it a thought and revert. Can you give me a soft copy of Notice of Election?
THE MOST IMPORTANT THING IS THE PROVISIONAL AND FINAL LIST. WHEN WAS THE PROVISIONAL LIST PREPARED? IF THE ELECTION WAS CONDUCTED IN APRIL 2016 IT WOULD BE DIFICULT TO PREPARE THE PROVISIONAL LIST IN MARCH 2016, CONSIDERING THE FACT THAT THE PROVISIONAL LIST NEEDS TO BE DISPLAYED AND TIME GIVEN TO MEMBERS TO RAISE OBJECTIONS ON THE PROVISIONAL LIST. SO, THE RO COULD HAVE TAKEN 6 MONTHS BACK LIST OF MEMBERS AS THE PROVISIONAL LIST AND NOT GETTING ANY OBJECTIONS HE MUST HAVE PREPARED THE FINAL LIST.
IF THERE IS NO INVITATION TO OBJECTIONS IN THE PROVISIONAL LIST IN THE DESIRED FORMAT I THINK THE ELECTION CAN BE CHALLENGED….BUT WHY? IF THERE IS NO DISCREPANCY IN THE NAME IN THE PROVISIONAL AND FINAL LIST OF VOTERS RELEASED IN THE PRESCRIBED FORMAT…WHY CHALLENGE THE ELECTION PROCESS?