Short Answer

If an ineligible person gets elected in a society election, the election can be challenged and declared void.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 deals with the disqualification of members. It states that a person who is in default of any cooperative society cannot be a member of the committee. If such a person gets elected, the election can be challenged under Section 75 of the Act. The election can be declared void by the Registrar if it is proven that an ineligible person has been elected.

In practice, if a person in default of any cooperative society gets elected to the committee, other members or the Registrar can file a complaint challenging the election. The Registrar will then investigate the matter and if the allegations are found to be true, the election will be declared void. The ineligible person will be removed from the committee, and a fresh election may be conducted to fill the vacancy.

For example, if Mr. X, who is in default of a cooperative society, gets elected to the committee of another society, the members of that society can file a complaint with the Registrar. Upon investigation, if it is confirmed that Mr. X is indeed in default, his election will be declared void, and he will be removed from the committee.

Another scenario could be if a person who has been disqualified due to criminal convictions gets elected to the committee. In such a case, the election can be challenged under the relevant provisions of the Act, and if found ineligible, the person will be removed from the committee.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 73, Section 75

• Official PDF: https://cooperation.gujarat.gov.in/writereaddata/Portal/Images/pdf/Co_Op_Societies_Act1961.pdf