Each and every co-operative society is required to hold election after every five year to elect committee to manage affairs of co-operative society. The Maharashtra Government in year 2014 has made rules under the Maharashtra Co-operative Act to prescribe rules to be followed by co-operative society to conduct election. In the this article we are mainly concerned with elections of housing co-operative societies.
For this purpose, Societies are divided in to 4 types.
Housing society having 200 or more members and industrial estate are covered under Type “C”
Housing societies having less than 200 members are covered under Type “D”
Premises Co-operative Societies have not been specifically defined either as type “C” or as Type “D”.
However, all categories of societies which are not specifically defined under any Type, has been clubbed in Type “C” and accordingly, all Premises Co-opertive Societies are of Type “C”. All Dy. Registrar / Asst. Registrar of the respective Wards, have been additionally designated as District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, as the case may be
ELECTION TO TYPE “C” SOCIETIES
a) These societies shall inform before one hundred eighty days about expiry of term of committee to the Taluka or Ward Co-operative Election Officer with four copies of list of active members.
b) The Taluka or Ward Co-operative Election Officer shall appoint a Returning Officer from office of the Co-operation Department and the Returning Officer shall prepare a election programme with the approval of Taluka or Ward Co-operative Election Officer, at the earliest.
c) If the nomination is rejected by the Returning Officer, the candidate may prefer an appeal to Registrar within a period of three days from the date of rejection of nomination. Registrar shall dispose of such appeal within ten days of the date of receipt of such appeal.
d) The Returning Officer shall submit the result to the Taluka or Ward Cooperative Election Officer within two days from the date fixed for declaration of the result.
e) The Taluka or Ward Co-operative Election Officer shall publish a notification of elected candidate within a period of three days after receiving the result of election and give direction to Returning Officer to choose office bearer within the period of ten days.
ELECTION TO TYPE D SOCIETIES
a) The society shall prepare its list of voters and submit a copy thereof to the Taluka or Ward Co-operative Election Officer within seven days from the date of preparation.
b) 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 by the Presiding Officer or by such officer, as the case may be at least fifteen days before the date fixed for such meeting
c) Provided that, the General Body of the society by resolution may submit requisition to the Taluka or Ward Co-operative Election Officer, to hold the election as prescribed in rule 75, the Taluka or Ward Co-operative Election Officer shall proceed for the election as per procedure laid down Rule 75
d) Provided further that, 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 SCEA or, District Co-operative Election Officer or, the Taluka or Ward Co-operative Election Officer, as the case may be, to conduct the election as prescribed in rule 75
e) Provided also that, the person appointed for the election purpose shall have no right to cast a vote in any circumstances.
f) The person appointed for election purpose shall attend the meeting and report the SCEA within two days of the meeting held for the purpose
Election of office bearers
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 its bye-laws. The meeting of the committee for this purpose shall be presided over by officer authorized by the SCEA
Process for election by CHS
1. The committee of the society shall deliver a report in Form ‘E-2’ to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, as the case may be, six months before the expiry of the period of the Committee of the society
2. Provisional list of voters for co-operative societies having individuals as members:— (1) A provisional list of voters shall be prepared by every society in the year in which the election of such society is due to be held. The member who is an active member shall be included in the provisional list. { For the first time election under these rules, all the members are deemed Active members ].
3. Four copies of the authenticated provisional lists of voters in print as well as preferably in digital form shall be delivered by the committee of the society to the District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer, or as directed by the SCEA, one hundred and twenty days before the date of expiry of the term of committee. Copies of such lists shall be displayed on the notice board of the society. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer within ten days from its receipt shall invite claims and objections from the members of the society.
4. The provisional list of voters in case of individual shareholders, shall contain the surname, name, father’s or husband’s name (in alphabetical order), if any, with address as recorded in the register of members in Form ‘E-3’ of every person entitled to be registered as voter with such other particulars as may be necessary to identify him
5. When the provisional list of voters is published for inviting claims and objections, any omission or error in respect of name or address or other particulars in the list may be brought to the notice of the concerned District Co-operative Election officer or Taluka or Ward Co-operative Election Officer in writing by any member of the society during office hours within ten days from the date of publication of the provisional list of voters
6. The District Co-operative Election Officer or Taluka or Ward Co-operative Election Officer shall, or as directed by the SCEA, after making such enquiries as deem necessary in this behalf, consider each claim or objection, and give his decision thereon in writing to the persons concerned within ten days from the last date prescribed for receiving the claims and objections. Thereafter final voters list should be published within the period of fifteen days from the last date prescribed for receiving the claims and objections. The list finalized by the election officer after deciding all claims and objection shall be final list of voters
7. The copies of the final list of voters shall be displayed on the notice board of the District Co-operative Election Officer and also on the notice board of the society at least ten days before the declaration of the election programme and in no case later than fifteen days from the finalization of claims and objections. The District Co-operative Election Officer may also cause it to be published on the official website of the SCEA, if any
