Disqualified chairman and secretary

You shall make a complaint against the Chairman and Secretary to the Joint/Deputy Registrar of Cooperative societies of your district.

File complaint with Deputy /Joint /Registrar Co-operative Societies of your state  

We filed a complaint against them in DDR but they say that you should go to SCEA and we cannot do anything.

1) Will going to Cooperative Court here for injunction help?
2) As the Section 77A, is initiated, but due to transfers of DDR this 2-3 months, getting dates is getting difficul but Despite DDR issuing letter of Disqualification, the Chairman and Secretary are seen interfering the Committee meeting. How can we counter this? going to Cooperative court will help?
 

Yes.  It is better to file a case against them in the Cooperative Court.  Consult a local lawyer for guidance if any.

What do you mean by the terms "DDR" & "SCEA" used by you ?

Which Act / Law is mentioned invoking its sectio 77A ?

In order to understand properly it is better to avoid use of local / self made abbreviation(s), which are not universal.

Section 77A of Maharastra Cooperative Societies Act, 1960.
DDR - District Deputy Registrar. These are not self-abbreviated, its commonly used terminology.

Hope now my question is clear.

 

What do you mean by "Our Societys Chairman and Secretary are disqualified for 6 months and lost quorum of the Committee."

The posting suggests deeeper issues. Please post complete facts.

Section 77 and 77A of Maharashtra Cooerative Societies Act, 1960 reads as:

It would be appropriate to contact and consult a local prudent lawyer with relevant records for proper analyses of facts/ documents, professional advise and necessary proceeding. 

Thanks Dr. J C Vashista and All Others
for your valuable inputs and guidance for this



 

You are welcome Mr. Vijay

Thanks for understanding and appreciation,

As advised by various advocates, you may appropach the cooperative court if you are looking for the reliefs seriously.

Good afterNoon Vijay Ji,

Based on the facts you have mentioned, the disqualified chairman and secretary cannot ordinarily continue to exercise the powers of their offices if they have already  incrurred disqualification under the relevant provisions of cooperative societies act. if proceedings under section 77A have already been initiated because the committee has lost the quoram, the matter is already before the statutory authority.

The appropriate forum depends on the relief you seek:- 

1. Deputy District Registrar (DDR) / Registrar of Cooperative Society  - This is the first and foremost and appropriate authority.
   File a complaint stating that:- 
   a. The chariman and secretary were disqualified
   b. Chairman lost the quoram
   c. proceedings under Section 77A are already pending
   d. despite this, they are issuing election notices and conducting elections to continue in office
   e. the proposed election is without jurisdiction and should be stayed.
2. Cooperative Court:- if issue is that disqualified office bearers have no authority to conduct the election and section 77A proceedings are pending before DDR, the DDR is the most appropriate authority for imediate relief.
3. High Court:- If DDR or Registrar fails to act urgently and the election is imminent, you may consider filing a writ petition before High Court seeking (1) stay of election (2) restriant against disqualified office bearers from functioning.

Thanks Prateekji.  I have filed for proceedings under Section 77A already. Awaiting for their action.

If the chairman and secretary are officially disqualified, they generally shouldn’t be issuing election notices or acting in authority. In such a case, you can raise a complaint with the Deputy District Registrar (DDR) for immediate administrative action, and also approach the Cooperative Court if legal intervention is needed. Acting quickly is important to prevent invalid proceedings.