Short Answer

No, a member cannot demand the society to enforce age or residency qualifications for candidates.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that the election of the committee members shall be conducted in accordance with the rules of the society. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the election procedure, stating that every member of the society who is not disqualified under the Act or Rules can stand for election to the committee.

This means that the eligibility criteria for committee candidates are determined by the Act and Rules themselves, and individual members cannot demand additional qualifications such as age or residency requirements. The Act and Rules provide a framework for fair and transparent elections, ensuring that all eligible members have the right to contest without arbitrary restrictions.

In practice, the society must adhere to the provisions of the Act and Rules while conducting elections. Any attempt to impose unauthorized qualifications by individual members can be challenged and deemed invalid. Real-world scenarios could include instances where members try to introduce discriminatory criteria for candidates, which can be addressed by referring to the statutory provisions.

For example, if a member demands that only candidates above a certain age can contest elections, the society can refer to Section 73 of the Act and Rule 56 of the Rules to uphold the principles of democratic participation without age-based restrictions. Similarly, if residency qualifications are proposed, the society can rely on the statutory framework to ensure equal opportunities for all eligible members.

Overall, the Gujarat Cooperative Societies Act and Rules provide a comprehensive framework for conducting elections, and any attempt to introduce additional qualifications beyond what is specified in the legislation can be legally challenged and disregarded.

References

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

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