Short Answer

Societies are required to have specific election rules as per the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 mandates that every cooperative society shall have its own by-laws, which shall include provisions regarding the election of the committee members. This means that societies must have specific rules governing the election process, including eligibility criteria, nomination procedures, voting mechanisms, and dispute resolution mechanisms. These rules ensure transparency, fairness, and accountability in the election process.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the election process, detailing the procedure for conducting elections, appointment of election officers, preparation of voter lists, scrutiny of nominations, polling, counting of votes, and declaration of results. These rules provide a comprehensive framework for conducting elections in cooperative societies, ensuring that the process is conducted in a systematic and lawful manner.

In practice, societies are required to strictly adhere to these election rules to ensure the legitimacy of the committee members' selection. Failure to follow the prescribed election rules can lead to challenges, disputes, and even legal actions questioning the validity of the committee's formation. By having specific election rules in place, societies can prevent conflicts, promote democratic decision-making, and uphold the principles of cooperative governance.

Practical Examples

• Scenario 1: A cooperative society conducts its elections without following the prescribed election rules, leading to allegations of unfair practices and manipulation. Members challenge the election results, citing violations of the Act and Rules.

• Scenario 2: A society adopts clear election rules in its by-laws, specifying the election process, timelines, and procedures. The elections are conducted smoothly, and the newly elected committee members assume their roles without any disputes.

• Scenario 3: In a society where election rules are ambiguous or nonexistent, members face confusion and disagreements during the election process, resulting in prolonged disputes and uncertainty over the committee's legitimacy.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF