There appears to be a lot of confusion regarding election of smaller cooperative societies in the wake of implementation of 97th CAA. Mr I C Naik was kind enough to clarify the situation in a few simple steps which we produce verbatim for our readers’ benefit-Editor
The Cooperative Societies inserted by the Constitution (97th Amendment) Act 2011 requires that [Art. 243ZK(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. It is also provided that the Legislature of a State may, by law, provide for the procedure and guidelines for the conduct of such elections.
Consequently the State Government has issued the Rules called the Maharashtra Co-operative Societies Election to Committee Rules, 2013 (in short the Election Rules) as published in the Extraordinary Gazette on 20 8 2013 No C.S.R. No. 639/15 C dated 19 8 2013.
Rule 76 of these Election Rules prescribes a simplified procedure for smaller societies having less than 100 members, subject to close monitoring by Ward Cooperative Election Officers (WCEO):
The society shall prepare its list of voters and submit a copy thereof to the WCEO within seven days from the date of its preparation.
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 at least fifteen days before the date fixed for such meeting:
The General Body of the society by resolution may alternatively submit a requisition to the WCEO to hold the election. The WCEO shall proceed for the election as per procedure laid down for cooperative housing societies of 100 or more members.
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 WCEO to conduct the election as prescribed in the rules 77. As soon as the members of the committee are elected, the election of office bearers of any such society shall be held within the period of fifteen days from the declaration of the result as provided in it’s by-laws. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA.
The person appointed for election Purpose shall attend the meeting and submit report to the State Cooperative Election Authority within two days of the meeting held for the purpose.
As per sources by 31 12 2013 Election Authority and its Administration are expected to be fully functional – 21 months after coming in to force of Part IXB: The Cooperative Societies in the Indian Constitution.
