Short Answer

Yes, the general body can remove or replace the chairman before the completion of the 5-year term.

Detailed Explanation

Section 30 of the Gujarat Cooperative Societies Act, 1961 empowers the general body to remove or replace the chairman before the expiration of the 5-year term. This section states that the chairman can be removed by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting called for the purpose. The Act provides a mechanism for the general body to exercise its authority in such matters to ensure accountability and effective functioning of the cooperative society.

In practice, if the general body feels that the chairman is not performing satisfactorily or is involved in any misconduct, they can convene a general meeting specifically to discuss and pass a resolution for the removal of the chairman. The decision must be taken by a two-thirds majority of the members present and voting to be valid. This process ensures that the chairman's actions are subject to scrutiny and that the interests of the cooperative society are protected.

Real-world Scenarios

• Scenario 1: In a cooperative society, the chairman is found to be misusing funds and not acting in the best interests of the society. The general body decides to hold a special general meeting and passes a resolution to remove the chairman by a two-thirds majority vote.

• Scenario 2: The chairman of a cooperative society is unable to effectively lead the society, leading to internal conflicts and inefficiencies. The general body decides to replace the chairman with a more capable candidate through a properly conducted general meeting.

Step-by-step process:

• The general body identifies the need to remove or replace the chairman.

• A special general meeting is called specifically for this purpose.

• A resolution for the removal or replacement of the chairman is proposed and discussed.

• The resolution is voted upon, and a two-thirds majority of the members present and voting is required for the decision to be valid.

References

• Section 30 of the Gujarat Cooperative Societies Act, 1961: Official PDF