Short Answer

No, the committee cannot defer elections beyond 5 years without the Registrar's permission.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that the committee of a cooperative society must hold elections at least once every 5 years. This means that the committee cannot defer elections beyond this 5-year period without the Registrar's permission. The Act emphasizes the importance of regular elections to ensure democratic functioning within cooperative societies.

In practice, if the committee wishes to defer elections beyond the 5-year mark, they must seek permission from the Registrar of Cooperative Societies. The Registrar may grant permission based on valid reasons such as exceptional circumstances or challenges faced by the society. However, this permission is not automatic and must be obtained before the expiry of the 5-year term.

Real-world Scenarios

• Scenario 1: A cooperative society's committee faces unforeseen challenges that make it difficult to conduct elections within the 5-year timeframe. They apply to the Registrar for permission to defer elections, citing the reasons for the delay.

• Scenario 2: A committee intentionally delays elections beyond 5 years without seeking the Registrar's permission, leading to a violation of the Act and potential legal consequences.

• Scenario 3: The Registrar grants permission to a committee to defer elections due to a natural disaster affecting the society's functioning, allowing for a temporary extension beyond the 5-year period.

Reference

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