Re-election of 4 Managing Committee members

Dear Client,
Wwhen a casual vacancy is caused in the event of death, resignation, disqualification, or removal of an elected committee member of a registered Society, the managing committee should forthwith communicate the occurrence of such a vacancy to the state cooperative election authority and the district cooperative election officer. Casual vacancy should be filled within one month from the date of such communication by the nomination of the eligible members out of the same class of members (women or reserved) in respect of the casual vacancy/that has arisen in the meeting of the remaining members of the managing committee. This meeting should be presided over by the officer authorized by the state cooperative election authority. As per Rule 74 of the Maharashtra Cooperative Society (Procedure for Election) Rules, such nominated members shall not be more than two-thirds of the total strength of the managing committee. They shall hold office for the term of office the original member was elected. Bye Law No. 128 of the Model Byelaws of a Society registered under the Maharashtra Cooperative Society Act, 1960 deals with the filling up Casual Vacancy in the Committee. According to Bye-Law No.128, the Committee may fill a casual vacancy on the Committee by nomination out of the same class of Active Members in respect of which the casual vacancy has arisen and as per the instruction issued by the State Cooperative Election Authority or the District Cooperative Election Officer. If the managing committee fails to fill the vacancy within the stipulated one-month period, the State Cooperative Election Authority or the District Cooperative Election Officer can take action to fill the vacancy. Bye Law No 172, 173, and 174 of Model Bye-Laws of Cooperative Housing Society deal with the redressal of complaints of a member of a society registered under the Maharashtra Co-operative Society Act, 1960. As per Bye Law No 174(a), Complaints may be made to the Registrar of the Cooperative Societies, failing which disputes between the Members and/or the Members and Society, which falls under Section 91 of the MCS Act 1960 may be filed before the Cooperative Court under Bye-Law No.174(b) and failing which, the aggrieved person may file a civil suit before competent Civil Court under Bye-Law No.174(c) of Model Bye-Laws of Cooperative Housing Society seeking appropriate relief in the matter.