Legal Question in Constitutional Law in India

In India the Constitution (97th Amendment) Act,2011 came into force on and from 15.02.2012 which provides that the term of elected boards of a co-operative society shall be five years.In West Bengal a board of a Co-operative society was elected for three years in november,2009 that is before 15.02.2012 as per the West Bengal Co-operative Societies Act,1983.whether this board will get an extention of two years or not after coming onto force of the above said constitution amendment?


Asked on 1/20/13, 5:48 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

20.01.2013

Dear Sir / Madam, (Burdwan, West Bengal)

Since the term of the Managing Committee ended in November, 2012 fresh elections ought to have been commenced and held by the office bearers of the Co-operative Society by appointment of the Returning Officer to commence the election process at least 30 days before expiry of the previous Managing Committee's term. The extension not being implied, Approval of the majority (at least 75%) of members of the Co-operative Society is required on the proposed resolution to be voted thereon, to grant an extension of two years to the previous Managing Committee.

The tenure of the newly appointed Managing Committee through fresh elections (in the absence of the majority vote as mentioned above) will be 5 years.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

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Answered on 1/20/13, 7:01 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

No this committee will not get extension but next committee's tenure will be for five years.

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Answered on 1/21/13, 12:29 am


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