In cooperative housing societies, the managing committee is entrusted with the responsibility of conducting timely elections before the end of their term. The Maharashtra Cooperative Societies Act and the relevant model bye-laws mandate a clear process and timeline for conducting these elections. But what happens when a committee fails to hold elections within the stipulated period? Can the same members contest in the subsequent elections?
Let’s examine the legal framework, consequences of delay, and rights of outgoing committee members under Maharashtra’s cooperative laws.
Legal Obligation to Conduct Timely Elections
As per the Maharashtra Cooperative Societies Act, 1960, and related government circulars:
- The term of a managing committee is 5 years from the date of its constitution.
- The committee must inform the Registrar or State Cooperative Election Authority (SCEA) at least 6 months before their term ends.
- This notice triggers the process of appointing an election officer and preparing the voter list.
Failure to initiate the process within this timeline is considered a serious lapse and results in automatic cessation of the committee’s authority upon expiry of term.
Consequences of Not Holding Elections
If the managing committee fails to ensure elections:
- The committee ceases to hold office after its 5-year term expires.
- The Registrar or SCEA may appoint an authorized officer or administrator to take charge and conduct elections.
- An aggrieved member of the society may file a complaint with the Registrar, prompting action.
Such failure can be viewed as negligence or willful omission, though it doesn’t automatically bar members from re-election unless they are found formally disqualified.
Can Outgoing Committee Members Recontest?
Yes, the outgoing committee members can contest in the fresh elections provided they are not disqualified under any of the following:
- Section 73CA of the Maharashtra Cooperative Societies Act, 1960 – which lists disqualifications such as loan defaults, misappropriation, criminal conviction, etc.
- If an inquiry or audit reveals serious irregularities, the Registrar may disqualify specific members.
- Otherwise, society members can choose to re-elect or reject them during elections.
The key takeaway is that mere failure to hold elections on time does not disqualify the committee members unless followed by specific regulatory action.
- If elections are not conducted, members should file a complaint with the Registrar or SCEA.
- The society should not allow the existing committee to function beyond its legal tenure.
- Members can attend the special general body meeting called by the authorized officer for conducting elections.
Conclusion
Managing committees must be proactive and ensure timely elections as per the cooperative laws. Failing to do so results in loss of office, possible administrative action, and scrutiny. However, unless disqualified by the Registrar, outgoing committee members can contest again. Ultimately, it is up to the society’s members to decide whether to re-elect them or bring in a new leadership.
