SEVA SAHAKARI SANSTHA MARYADIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question involved in this petition is about the competency of the State Government to postpone elections of the Seva Sahakari Sanstha Maryadit, Karda, Distt. Washim to be held on 07.04.2020 i.e. the date, when the tenure of existing body expires.

(2.) By the impugned order dated 27.01.2020, the State Government has postponed elections of the petitioner- Society in exercise of power conferred under Section 157 of Maharashtra Cooperative Societies Act, 1960 ('the Act' for short) by granting exemption from compliance with the provisions of Section 73CC of the Act.

(3.) By Ninety-Seventh Amendment of the Constitution of India, Part IX-B was introduced in respect of the Maharashtra Co-operative Societies containing Articles 243 ZH to 243 ZT of the Constitution. Article 243 ZK deals with the election of members of the Board. The Board means the board of directors or the governing body of a co- operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to. In terms of Clause (1) of Article 243 ZK, which has been given overriding effect over the law made by the State Legislature, election of the Board is to be conducted before expiry of the term of the Board so as to ensure that the newly elected members of the Board assume office immediately on the expiry of the term of the office of the members of outgoing Board.