Short Answer

No, a society cannot unilaterally reduce or extend the five-year term of its managing committee through a resolution. The committee’s tenure is fixed at five years under Section 74C of the Gujarat Cooperative Societies Act, 1961, and can only be curtailed or extended by the Registrar of Cooperative Societies under specific conditions such as mismanagement or administrative delays in elections.

Detailed Explanation

The management and governance of cooperative housing societies in Gujarat are strictly regulated under the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

According to Section 74C(1) of the Act, the term of every managing committee is five years from the date of its first meeting.

This period cannot be reduced or extended through any internal resolution or general body decision, as doing so would violate statutory provisions.

• Reduction of Term:

The society cannot pass a resolution to shorten the existing committee’s term.

However, if the committee is found guilty of negligence, misconduct, or financial irregularities, the Registrar has the power under Section 81 and Section 93 to:

Suspend or dissolve the committee.

Appoint an administrator or authorized officer until fresh elections are held.

Thus, only the Registrar — not the society’s general body — can legally curtail the committee’s tenure.

• Extension of Term:

Under Section 74C(2), if elections cannot be held on time due to unavoidable circumstances (such as a court stay, natural calamity, or pandemic), the Registrar may grant a temporary extension up to six months.

The extension is purely administrative and must be formally approved by the Registrar; the society cannot extend it by a resolution on its own.

• Elections After Expiry:

Once the five-year term ends, the election officer (appointed by the Registrar) must conduct elections under Rule 32 of the Gujarat Cooperative Societies Rules, 1965.

If the society fails to initiate the election process, the Registrar can step in to organize elections to ensure continuity of governance.

• Legal Implications of Illegal Extension or Reduction:

If the society passes a resolution to extend or shorten the committee’s term without Registrar approval:

The resolution is invalid and unenforceable.

The Registrar can nullify such a resolution and disqualify committee members for violating the Act.

All decisions taken by the extended committee after expiry can be legally challenged by members.

Real-world Scenarios

Scenario 1: A society in Ahmedabad passed a resolution extending the committee’s term by one year. The Registrar declared the extension invalid and appointed an administrator to conduct new elections.

Scenario 2: In Surat, the committee was accused of mismanagement. The Registrar dissolved the committee before its five-year term and appointed an interim officer.

Scenario 3: During the COVID-19 lockdown, elections were delayed in Vadodara. The Registrar officially extended all committee terms by six months under Section 74C(2).

References

Section 74C of the Gujarat Cooperative Societies Act, 1961 – Term of office of committee: Official PDF

Section 81 & 93 of the Gujarat Cooperative Societies Act, 1961 – Power of Registrar to suspend or dissolve committee: Official PDF

Rule 32 of the Gujarat Cooperative Societies Rules, 1965 – Procedure for conducting elections: Official PDF