Chapter V ELECTION

45[ The election to the committee of a co-operative society shall be conducted as per the provisions of this Act and the rules and bye-laws made thereunder.]

46[(1) The State Government shall, by notification in the Official Gazette, appoint an officer of the State Government, as the State Cooperative Election Authority, hereinafter in this Chapter referred to as the Authority, in such manner, as may be prescribed, and may appoint such other officers and staff to assist such Authority, as it may deem fit.

1. (2) The terms and conditions of the service of the Authority and other officers and staff appointed under sub-section (1) shall be such as may be prescribed. 47[ (3) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, elections to such co-operative societies, as may be prescribed in the rules, shall vest in the Authority: Provided that in other societies, elections shall be held in the general body meeting of the society as per the procedure laid down therefor in the rules.]
2. (4) The State Government may prescribe procedure and guidelines for conduct of elections to the co-operative societies.
3. (5) For the purpose of this Chapter, the Zonal Registrars, Cooperative Societies posted at zone level and Unit officer posted at the unit level shall act as ex-officio Zonal Returning Officer and Unit Returning Officer respectively and shall be answerable to the Authority for discharging the duties entrusted to them by the Authority.
4. (6) Subject to the provisions of sub-section (4) of section 27, the Authority shall conduct elections for filling a casual vacancy occurring in the committee of a society for the remainder of the term of the committee, within six months of the occurrence of such vacancy.]

47-1[48[ (1) The Authority shall seek such information from the Cooperative societies as it may find necessary to conduct elections in a fair and transparent manner.

1. (2) The Chief Executive Officer of a co-operative society shall provide all the information sought by the Authority in time and in the manner prescribed.
2. (3) The Chief Executive Officer shall also send written information to the Authority regarding a casual vacancy in the committee for which the Authority is to conduct elections, immediately after occurrence of such vacancy.] 48[ (4)] It shall be the duty of the committee of a society to ensure that all the information, books and records, which the Authority may require for the purpose of election, are updated and made available in time to the Authority or a person authorised by it for the purpose. 49[ (5)] The committee of the society shall also ensure that the society provides all the assistance to the Authority, as may be required by it for conduct of the election. 49[ (6)] The process of election of co-operative society, once started shall not be stopped or postponed for any reason, save for a natural calamity or break down of law and order.]

The Authority may appoint an Election Officer to conduct election of the committee of a society: Provided that no member or employee of the concerned society shall be appointed as an Election Officer.

50[ All expenses for holding elections of the committee of a cooperative society shall be borne by the concerned society or the society to which such society is affiliated.]

1. (1) The Authority may issue such instructions, as it may consider reasonable for conducting free, fair and impartial elections, to any society or its committee or members.
2. (2) The instructions issued by the Authority under this section shall be binding.