Elections in cooperative housing societies are an essential process to ensure democratic functioning. The Maharashtra Cooperative Societies (MCS) Act, 1960 and the MCS (Election to Cooperative Societies) Rules, 2014 govern this process. A common question raised by members is whether an administrator (or authorised officer) can be appointed after the date of election has already been announced.
Process of Election in Housing Societies
Every society must start the election process well in advance before the expiry of the term of its existing managing committee (MC). The election process generally involves:
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Appointment of Returning Officer: Depending on the size of the society, either the society or the State Cooperative Election Authority appoints a returning officer.
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Preparation of Election Schedule: The returning officer finalizes the election program, including the timeline for nominations, scrutiny, and polling date.
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Voter List and Candidate List: The returning officer prepares and finalizes the list of eligible voters and candidates after scrutiny.
Once these steps are completed, the date of election is officially notified.
Legal Position on Appointment of Administrator After Election Date
If the election process has been duly followed and the returning officer has notified the date of election, the registrar cannot appoint an administrator or committee under Section 77A of the MCS Act merely based on complaints from members.
Situations Where Registrar May Appoint Administrator
Section 77A of the MCS Act specifies the circumstances under which the registrar may appoint an administrator or authorised officer. These include:
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The managing committee fails to make necessary arrangements for holding elections.
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The committee is prevented from taking charge or performing its functions.
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There is a dispute between two groups claiming to be the elected committee, and the matter is pending before the cooperative court.
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An application is made by an officer or member of the society requesting appointment of an administrator.
However, if the election process is already underway, the returning officer has been appointed, and the schedule is in place, such appointment becomes unnecessary and legally questionable.
Implications for Societies and Members
The purpose of elections is to ensure smooth transition of power. Appointment of an administrator after the election process begins would disrupt democratic governance and delay the formation of a new committee. Members should therefore ensure that their society strictly follows the election rules and keeps the registrar informed of every step.
Conclusion
Once the election process has started, the returning officer appointed, and the election date notified, there is no legal ground for appointing an administrator. Societies that diligently comply with the MCS (Election to Cooperative Societies) Rules, 2014 are protected from unnecessary interference and can ensure timely formation of a new managing committee.
