Question

Choose the correct statement(s) regarding the election and management of cooperative societies under the 97th Amendment. i. Elections for the board of a cooperative society must be conducted before the expiry of the current board’s term.

ii. Functional directors of a cooperative society are included in the 21-member board limit.

iii. The administrator appointed during the supersession of a board must arrange elections within six months.

iv. The State Legislature has no role in the conduct of elections for cooperative society boards.

• A. Only i and iii are correct
• B. Only i, ii, and iii are correct
• C. Only ii and iv are correct
• D. Only i and iv are correct

Answer 1

Answer:

A. Only i and iii are correct

97th Constitutional Amendment Act, 2011

• This amendment aimed to strengthen the cooperative sector by including a new Part IXB, titled "The Co-operative Societies", in the Constitution.
• It brought cooperative societies under the purview of fundamental rights and provided for their regulation and management.

Key Provisions Related to Cooperative Societies:

• Statement i: Elections must be held before the expiry of the current board's term.
  • The amendment mandates that elections for the board of a cooperative society must be conducted before the expiry of the term of the existing board.
  • This ensures continuity and prevents the society from functioning without elected representation.
  • Failure to conduct elections within the stipulated time can lead to supersession of the board.
• Statement ii: Functional directors and board limit.
  • The 97th Amendment generally limits the board size of cooperative societies. However, the specific inclusion or exclusion of functional directors within this limit can vary based on state laws and the model bye-laws.
  • The amendment focuses on the democratic election and management by members, rather than defining the exact composition of functional directors within the board limit in a uniform manner across all societies.
  • Many cooperative societies operate under state-specific legislation, which may have different provisions regarding board composition.
• Statement iii: Administrator's role and election timeline.
  • If a board of a cooperative society is superseded (dissolved prematurely), the administrator appointed to manage its affairs must arrange for elections within six months from the date of supersession.
  • This provision aims to restore democratic functioning as quickly as possible after the supersession of a board.
• Statement iv: Role of the State Legislature.
  • The 97th Amendment does not strip the State Legislature of its role in the conduct of elections for cooperative society boards.
  • While the amendment brought cooperatives under constitutional regulation, the primary responsibility for regulating cooperative societies, including their elections, often rests with the respective State Legislatures through their own acts.
  • The amendment seeks to ensure certain basic democratic principles and timelines for elections, but states retain significant legislative power in this domain.