Order · State Co-operative Election Authority · 19.04.2022
Filling a casual vacancy on the managing committee: the procedure
The State Co-operative Election Authority’s order of 19 April 2022 lays down how a casual vacancy on the managing committee of “B”, “C” and “D” class societies is to be filled at a committee meeting presided over by an authorised officer.
Key points
- A casual vacancy (death, resignation, disqualification or removal) must be reported to the Election Authority and the District Election Officer, and filled within one month from members of the same category.
- It is filled at a committee meeting presided over by an officer authorised by the Election Authority.
- At least 7 clear days’ notice; the notice must be put on the society’s and Registrar’s notice boards (and in newspapers for “A” and “B” class societies).
- If there are more candidates than seats, the election is by secret ballot of the committee members present.
The legal position
Under Rule 74 of the Co-operative Societies (Election to Committee) Rules, 2014, when an elected committee member’s seat falls vacant before the end of the term, the society must inform the Election Authority and the District Election Officer, and the remaining committee may fill it by nomination within one month, from among the eligible members of the same category. Not more than one-third of the committee can be filled in this way, and the person co-opted holds office only for the rest of the original term. The order fixes the procedure for “B”, “C” and “D” class societies.
The procedure
- The presiding officer convenes the committee meeting as per the bye-laws and states the category in which the seat is vacant.
- The notice deals only with filling the casual vacancy and includes the election programme: issue and receipt of nomination forms, scrutiny, list of valid nominations, withdrawal, final list, poll, counting and result.
- The notice must reach every committee member, with at least seven clear days between the date of the notice and the meeting.
- Members of the relevant category must be informed through the society’s and the Registrar’s notice boards; for “A” and “B” class societies the notice is also published in local newspapers.
- A candidate files the nomination with a declaration that he or she is not disqualified under Section 73CA and the bye-laws; one committee member proposes and another seconds it.
- Police protection or video recording may be arranged if the society’s history requires it.
- The meeting starts once the quorum is present; the minutes are recorded in the committee’s minute book.
- Objections at scrutiny are decided summarily by the presiding officer.
- If the number of valid nominations equals the seats, the candidates are declared elected unopposed; otherwise a secret ballot is held among the committee members present, and the result is declared after counting.
- A copy of the minutes goes to the election officer.
The order attaches three formats: the meeting notice, the nomination form and the candidate’s declaration.
Housing societies
Housing societies with up to 250 members conduct their own elections under separate rules notified in 2021; see the guide on elections in societies with up to 250 members and the elections library.
Six pages in Marathi, including three annexed formats. This page summarises the document for general information; it is not a translation and not legal advice. Read the document itself for its exact terms, and check whether it has since been amended or superseded.
Have a question about your society?
Write to the office with a brief description of the matter. Meetings are by prior appointment.