Short Answer

No, you cannot elect a chairman for the first time at an EGM if it was not set on the agenda.

Detailed Explanation

According to Section 73 of the Gujarat Cooperative Societies Act, 1961, the business to be transacted at a general meeting of a cooperative society shall be such as is provided in the Act and the Rules and shall include any business specified in the notice calling the meeting. This means that the agenda for a general meeting, including an EGM, must be set in advance, and any business not included in the agenda cannot be transacted during the meeting.

Furthermore, Rule 63 of the Gujarat Cooperative Societies Rules, 1965, specifies that the notice of a general meeting shall contain the agenda of the meeting. This agenda must be communicated to all members of the society to ensure transparency and allow members to prepare for the discussions and decisions to be made at the meeting.

In practice, if the election of a chairman is not included in the agenda of an EGM, it cannot be conducted during that meeting. Any decision or action taken without proper notice and inclusion in the agenda may be deemed invalid and challenged by the members of the society.

For example, if a cooperative society calls an EGM to discuss financial matters and suddenly proposes to elect a chairman without prior notice, such an election would not be valid as it was not part of the agenda. Members may raise objections and demand that the election be conducted at a properly convened meeting with the election agenda item included.

In another scenario, if the need for a chairman arises unexpectedly, the society can convene a special general meeting with the specific agenda item of electing a chairman. This ensures that all members are informed and have the opportunity to participate in the decision-making process.

Reference

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

• Rule 63 of the Gujarat Cooperative Societies Rules, 1965: Official PDF