Short Answer

Yes, the co-op Tribunal has the power to order society elections if they are overdue.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the co-op Tribunal to intervene in matters related to society elections. This section states that the Tribunal may, on the application of the Registrar or any member of the society, order a fresh election if it finds that the election of the society has not been conducted properly or has been unduly delayed. This provision ensures that the democratic process within cooperative societies is upheld and that elections are conducted in a fair and timely manner.

In practice, if a society fails to conduct elections within the stipulated time frame or if there are allegations of irregularities in the election process, any concerned party can approach the co-op Tribunal for redressal. The Tribunal will then examine the circumstances, hear all relevant parties, and if necessary, order a fresh election to ensure the proper functioning of the society.

Real-world Scenarios

• Scenario 1: XYZ Cooperative Society has not conducted elections for the past two years due to internal disputes. A member of the society files a complaint with the Registrar, who then approaches the co-op Tribunal. The Tribunal, after investigation, orders a fresh election to be held within a specified time frame.

• Scenario 2: ABC Cooperative Society faces allegations of election fraud, with multiple members raising concerns about the validity of the election process. The matter is escalated to the co-op Tribunal, which conducts a thorough inquiry and decides to annul the previous election, ordering a new one to be conducted.

• Scenario 3: LMN Cooperative Society experiences a delay in conducting elections due to administrative issues. The Registrar intervenes and requests the co-op Tribunal to step in and ensure that elections are held promptly. The Tribunal issues an order directing the society to conduct elections within a specified period.

Reference

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF