By I C Naik
Prior to August 20 2013, the Maharashtra cooperative society election Rules were scattered all over the M. C. S. Act 1960, the M.C.S. Rules 1961 and in the Schedule of Election Rules attached to the registered Bye Laws of every housing society.
Good news is, all these are superseded by the New Election Rules (The Maharashtra Co-Operative Societies Election to Committee Rules, 2013) to be monitored under one roof, the State Cooperative Election Authority (the SCEA)
Certain specified societies under Section 73G of the M. C. S. Act 1960.
These Societies are Apex societies, District Central Banks, Primary Agriculture and Rural Development Banks, District and Taluka Sale and Purchase Organizations, Sugar Factories, Spinning Mills etc. Chapter XI-A of the M. C. S. Act 1960 laid down rules of elections of committees and offices of these societies in 24 Sections namely Sub-Section 144-A to 144-Y on matters listed as under.
Certain State Government notified societies(Section 73IC Societies) On certain criteria listed in Section 73I the State Government was empowered to notify in the Official Gazette, such society or class of societies and the election to such society or class of societies shall be held by the Registrar in the prescribed manner. Elections in these societies were to be conducted in accordance with Chapter VA of the M.C.S. Rules 1961 by the Registrar through the machinery created under this Chapter. This chapter had specified Rules on 63 matters concerning elections as listed below from Rule 56A to 56Z and 56A-1 t0 56A-35
Housing Societies having in house procedure forming part of Bye Laws approved by the Registering Authority at the time of registration of the Bye Laws
Concurrently there are certain Rules Rule 61 / 62 /64 of the M.C.S. Rules 1961. These are about appointment, suspension, and removal of members of the committee and other officers presumably for societies not covered by Section 73G Societies and those notified under Section 73IC by the State Government.
An important feature was Voting by show of hands or by ballot as may be decided by the members present at the meeting, unless otherwise specified in the by-laws. However election of office bearers of a Society having members share capital in excess of Rs. 10,000, including Government share capital, if any, was to be done by ballot.
The other feature was suspension, and removal of members of the committee and other officers, etc by the Registrar subject to the provisions of Section 78 by the Registrar.
New election rules are published on August 20, 2013. [No. CSL-2013/C.R. No. 639/15 C]. The cooperative societies are re-classified only for election purposes in four types identified with alphabets A B C and D. The New Rules look like an old wine in new bottle except that the numerous small size cooperatives of less than 100 members are also now covered by these New Rules which were holding in house elections as almost a zero costs event.
Several of these small societies have their Committees in limbo having completed a 5 year tenure or office bearers having resigned for some reason or the other and may have casual vacancies too. In large cooperative societies also this could be the scenario. We have here in focus small sized ones only.
Special Election Procedure for Housing societies clubbed in C and D types are covered under just two Rules namely Rule 75 and 76 respectively. D Types are smaller ones and in housing societies those having less than 100 members.
As a concession the smaller housing societies have an option to hold elections by voice vote in the general body meeting called with 15 day’s notice. Prior to sending Notice Voters’ list must be submitted to the Authorities. Even ballot is also not required, unless the general body meeting decides otherwise.
The independent authority of the Outgoing Committee to appoint an internal Returning Officer having been withdrawn even under simplified procedure the existence of the SCEA is indispensable.
As of now the 47 Member SCEA has been reportedly constituted but the head thereof is not yet identified, despite expiry of the deadline of a fortnight specified by Bombay High Court.
The WCEO (Ward Cooperative Election Officer) almost an equivalent of SCEA in election of small housing societies is to function under the supervision of District Cooperative Election Officer (DCEO).The WCEO is to appoint a Returning Officer from out of the Panel approved by SCEA.
The cooperative society elections having been put off till 31 12 2014 branding all defunct Committees as care taker Committees to pave the way for smooth general elections in the country, far more important than the small housing societies, the State Cooperative Department sacrificed the interest of the housing societies.
This is a bottleneck. If giving respect to the Bombay High Court Order SCEA was appointed and procedures for elections in small housing societies were conducted at least it would have retained some credibility of the united front in the State Government.