Legal Question in Constitutional Law in India
Election of a committee of a cooperative society was held on 29th September 2012 and its office bearers on 9th Nov 2012 which is after the commencement of Constitution(97th amendment)Act,2011[i.e.15/02/2012]. The Gujarat cooperative societies Act 1961, provides the term of committee for 03 years and that of office bearers for one year(as provided in the bye laws of a society). Gujarat legislative assembly did not amend the state law so far. In this situation can a committee elected on 29th September 2012 continue for 05 years? and also, can the office bearers elected for a year(as per bye laws of a society) continue for 05 years?
3 Answers from Attorneys
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05.02.2013
Dear Sir / Madam,
(Manjalpur, Vadodara, Gujarat)
The 97th Constitutional Amendment came into force on 15.02.2012 and provides that the term of office of the Managing Committee shall be 5 years from the date of appointment. The Centre has already issued notification to all the State Governments to enact the Amendment. Since the election to appoint the Managing Committee was held on 29.09.2012 which is after the coming into force of the 97th Amendment, the term of the Managing Committee shall be for 5 years. Amongst the elected representatives to the Managing Committee, they may mutually decide on adopting the rotation policy for the Office bearers during their tenure in Office.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
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