Short Answer

No, by-laws cannot allow an outgoing committee to continue work past 5 years if elections are delayed.

Detailed Explanation

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 states that the term of the committee shall be five years. This means that as per the rules, the committee's term cannot exceed five years, regardless of any delays in conducting elections. The purpose of this rule is to ensure regular and timely elections to promote transparency, accountability, and democratic functioning within cooperative societies.

In practice, if elections are delayed due to any reasons, the outgoing committee must still vacate their positions after completing the five-year term as mandated by Rule 56. The delay in elections does not provide a legal basis for the outgoing committee to continue functioning beyond the stipulated period. It is essential for cooperative societies to adhere to the prescribed rules and conduct elections within the specified timeframe to uphold the principles of good governance.

Real-world Scenarios

• Scenario 1: A cooperative society's elections are postponed due to unforeseen circumstances, leading to a delay in the electoral process. Despite the delay, the outgoing committee must step down after completing their five-year term as per Rule 56.

• Scenario 2: In a situation where there are challenges in organizing elections within the stipulated timeframe, the society must make necessary arrangements to ensure timely conduct of elections to comply with the legal requirements.

Reference

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