Co-opt ing members

This query is : Resolved 

25 April 2018

Co-Opt ing 2 nos. members from within committee members is must or outside committee members can also opted ? or is it possible interchanging office bearer position between chairman/secretary/treaserer ?
if yes then in committee meeting or in AGM/SGM ?

Isaac GabrielOnline (Expert)
25 April 2018

Relevant bylaw to be referred

Ms.Usha KapoorOnline (Expert)
26 April 2018

With effect from 14 2 2013 cooption rule is laid down in a following Proviso to Article 243Zj (2) of the Constitution of India.

“Provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term.”

Only Two Committee members can fill co-opt members to fill up vacant seats provided the Committee goes by above Provision. In other cases Rule 74 of New Election Rules applies. Newly set up State Cooperative Election Authority only can handle the cooption.

Hemant AgarwalOnline (Expert)
26 April 2018

1. Cooption is not allowed. Election for vacant posts is MUST. Calling AGM /SGM for this purposes is illegal.

2. Interchange of Committee officer bearers posts, require the presence of a "authorised officer" (AO) duly appointed by the ward Coop. registrar. The AO will call MC meeting and appoint the office-bearers and submit report to the ward Coop. registrar.

Keep Smiling .... Hemant Agarwal

Sanjay (Querist)
23 January 2019

thanks a lot experts

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