In a cooperative housing society, the process of electing the managing committee is strictly governed by the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014. Once the society has initiated and progressed into the formal election procedure, including announcement of the election date, the appointment of an administrator is generally not permitted unless there are extraordinary legal grounds.
Legal Position on Administrator Appointment After Election Notification
As per the law, the election process must begin well in advance of the end of the existing committee’s tenure. The Election Authority or the Returning Officer takes charge of conducting the elections based on the number of members.
Once the returning officer is appointed, and the election schedule including the date of voting is announced, the election process is deemed to have commenced. From this point forward:
- Registrar cannot appoint an administrator arbitrarily merely on the basis of complaints or internal disputes.
- Any intervention—such as appointing an authorized officer or administrator—would be seen as interfering with the free and fair election process.
Reference to Section 77A of the MCS Act
The power of the Registrar to appoint an authorized officer or administrator is found under Section 77A of the Maharashtra Cooperative Societies Act, 1960. However, this section is applicable only under specific circumstances, such as:
- The Managing Committee fails to initiate the election process.
- The Committee is unable to enter office due to disputes.
- Rival groups claim to be the elected committee.
- There is no valid committee in place and an application is made to the Registrar by any officer or member.
If none of these conditions are met and the returning officer has been appointed, the voters list has been finalized, and the election date is officially declared, Section 77A cannot be invoked to interfere in the election process.
If the cooperative housing society has already begun the formal election process and notified the election date through the appointed returning officer, then appointment of an administrator or committee by the Registrar is not legally valid. Members facing internal grievances during this time must seek redress through the cooperative court, not through administrative intervention.
