A state government ordinance issued recently has given six-months period to constitute the new committee after expiry of either government extension or the five-years term of the managing committee.
There was no such provision earlier as new committee was to be elected before the expiry of outgoing committee, said Ramesh Prabhu, expert in cooperative affairs.
The current three-months extension due to Covid-19 is ending on September 17,2020. So if considered the six months period, unless there is no further extension, at least by March new committees will have to be in place. There are 65000 housing societies in Mumbai metropolitan region.
“This new amendment has been brought in with a view to enable the existing members of the committees of co-operative societies to continue in office until new committees are duly constituted and also to postpone elections to such committees,” said the ordinance.
As per Maharashtra Co-operative Societies Act,1960 and the rules framed thereunder, it is mandatory to conduct elections to the committees of the co-operative societies within specified time- frame. However, due to Covid-19, it is not possible to conduct such elections within the specified time-frame.
Also as per the provisions of sub-section (3) of section 73AAA of the said Act, the term of the elected members of the committee of the co-operative society is five years from the date of their election co-terminus with the term of the committee.
“Provided that, if the election to the Committee of the society could not be held for any reason not attributable to the members of the Committee of such society, the existing members of the Committee shall be deemed to have continued till new committee is duly constituted.
Provided also that, where the election of the Committee of any society which was due but has not been conducted before the date of commencement of the Maharashtra Co-operative Societies Amendment) Ordinance 2020, then election of Committee of such society shall be conducted:
(a) within six months from the date of commencement of the said Amendment Ordinance; or
(b) where the period within which such election should have been conducted is extended by the State Government by general or special order, then within six months from the date on which such extended period expires” the copy of the ordinance said.