Short Answer

Yes, as per the Gujarat Cooperative Societies Act, 1961 and Rules, a society can appoint an impartial person from outside, like a returning officer, for conducting elections.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers cooperative societies to conduct elections for their committees. The Act does not explicitly mention the requirement for appointing an impartial person for conducting elections. However, Rule 71 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines for the conduct of elections. According to Rule 71, the election process should be conducted in a fair and transparent manner, ensuring equal opportunity for all members to participate.

In practice, societies often appoint an impartial person, known as a returning officer, from outside the society to oversee the election process. The returning officer ensures that the election is conducted impartially, without any bias towards any candidate or group. They are responsible for verifying the eligibility of candidates, supervising the polling process, and counting the votes in a transparent manner.

Real-world Scenarios

• Scenario 1: XYZ Cooperative Society decides to conduct elections for its managing committee. To ensure fairness, the society appoints Mr. Patel, a retired government official, as the returning officer. Mr. Patel oversees the entire election process, from candidate nominations to result declaration, ensuring a smooth and impartial election.

• Scenario 2: ABC Housing Cooperative Society faces internal disputes regarding the election process. To maintain transparency, the society decides to appoint an external returning officer approved by the Registrar of Cooperative Societies. The returning officer successfully conducts the elections, resolving conflicts and ensuring a fair outcome.

• Scenario 3: LMN Credit Cooperative Society, facing allegations of bias in previous elections, decides to appoint a retired judge as the returning officer for the upcoming elections. The returning officer's presence instills confidence among members, leading to a peaceful and unbiased election process.

References

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

• Rule 71 of the Gujarat Cooperative Societies Rules, 1965: Official PDF