Section 45 of MSCS Act, 2002 : Section 45: Elections Of Members Of Board

Explanation using Example

Imagine a multi-State cooperative society named "GreenFarm Co-op" that operates in several states and is involved in agricultural products. The society's board is due for re-election, and as per Section 45(1) of The Multi-State Co-operative Societies Act, 2002, the responsibility of conducting this election falls on the existing board.

The election is scheduled to be held during the annual general meeting, as stated in Section 45(3), and it is decided that voting will be done via secret ballot to ensure fairness and confidentiality, in accordance with Section 45(2).

One of the board members, Mr. Sharma, who has served for four years, is interested in running for a second term. The society's bye-laws permit re-election, which makes him eligible as per Section 45(4).

The term for the new board members, as specified in the society's bye-laws and in line with Section 45(5), will be five years. However, the election is unexpectedly delayed due to unforeseen circumstances, and the existing board members, including Mr. Sharma, continue to serve till the new members are elected.

If the existing board fails to conduct the election, as per Section 45(6), the Central Registrar will step in to hold the election within ninety days.

Another member of the society, Ms. Gupta, who has recently joined the co-op, wishes to run for the board. She is reminded that only members of the general body can be elected to the board, as per Section 45(7).

The expenses incurred for the election conducted by the Central Registrar, if it comes to that, will have to be borne by GreenFarm Co-op, following Section 45(8).

Finally, the Central Government, as mentioned in Section 45(9), retains the authority to make rules regarding the elections of the board members, which GreenFarm Co-op must adhere to.