Short Answer

When a committee member resigns or passes away, the vacancy is typically filled through the process outlined in the relevant cooperative society's bylaws or rules.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to fill vacancies in the committee. This section allows the society to co-opt a member to fill the vacancy until the next general meeting. The co-opted member must fulfill the same qualifications as an elected member and has the same powers and duties. This provision ensures the smooth functioning of the committee in case of unexpected vacancies.

Additionally, Rule 38 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the procedure for filling vacancies in the committee. The rule specifies that the remaining committee members can co-opt a new member to fill the vacancy. The co-opted member must be approved by the Registrar within a specified period. This rule ensures transparency and accountability in the co-option process.

In practice, when a committee member resigns or passes away, the remaining members convene a meeting to discuss and decide on co-opting a new member. They follow the procedures laid out in the society's bylaws and the Gujarat Cooperative Societies Act and Rules. The co-opted member then participates in the committee's activities until the next general meeting, where a permanent replacement may be elected.

Practical Examples

• In a cooperative housing society, if a committee member resigns due to personal reasons, the remaining members can co-opt a new member who meets the eligibility criteria specified in the society's bylaws.

• In a cooperative credit society, if a committee member passes away unexpectedly, the society can co-opt a qualified individual to ensure continuity in decision-making processes.

• In a cooperative agricultural society, if a committee member relocates to another city, creating a vacancy, the society can follow the co-option process as per the Act and Rules to maintain a full committee strength.

References

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

• Rule 38 of the Gujarat Cooperative Societies Rules, 1965: Official PDF