Legal Remedies and Registrar Complaints
Can the Registrar order a re-election if he finds the last election was rigged?
Written By: GatePal Analyst
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Short Answer
Yes, the Registrar has the authority to order a re-election if he finds that the last election was rigged.
Detailed Explanation
Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to order a re-election if he is satisfied that the election of the committee or any officer of a society has not been conducted properly or has been materially affected by any irregularity. This means that if the Registrar determines that the last election was rigged, he can intervene and order a fresh election to ensure fairness and transparency in the functioning of the cooperative society.
In practice, this provision serves as a safeguard against electoral malpractices within cooperative societies. If there are allegations of rigging or irregularities in the election process, any member or stakeholder can approach the Registrar with evidence, following which the Registrar may investigate the matter and, if necessary, order a re-election.
Real-world Scenarios
Scenario 1: During the last election of a cooperative society, there are reports of ballot stuffing and manipulation of results. Members file a complaint with the Registrar, who investigates the matter and orders a re-election to uphold the democratic principles of the society.
Scenario 2: A group of members collude to influence the election outcome by intimidating voters and tampering with the voting process. Upon receiving complaints, the Registrar intervenes, annuls the previous election, and directs a fresh election to ensure a fair and transparent process.
Scenario 3: The Registrar conducts a routine audit of election procedures in a cooperative society and uncovers evidence of fraudulent practices. In such cases, he can exercise his authority under Section 73 to nullify the election results and call for a re-election to rectify the irregularities.
Reference
Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF
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