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?