Part IXB: The Co-operative Societies

Article 243ZK: Election of Members of Board

Original Article:

(1) Notwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the 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 members of the outgoing board.

(2) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the Legislature of a State, by law:

Provided

Explanations:

Article 243ZK emphasizes the importance of democracy in cooperative societies by mandating timely elections and ensuring that elected boards assume responsibility without delay. It reflects the commitment to empowering cooperatives as self-governing institutions while maintaining accountability through state-led supervision of their electoral processes.

Clause-by-Clause Explanation:

Clause (1): Pre-Term Elections for the Board: Elections must be conducted before the outgoing board's term expires, ensuring no governance gaps. Example: Cooperative dairy societies in Gujarat like Amul follow this clause to maintain stability.

Clause (2): Election Oversight: Mandates state-designated authorities to oversee elections, ensuring fairness and transparency. Example: The Rajasthan Cooperative Election Authority oversees elections independently.

Historical Significance:

This article became part of the Constitution through the 97th Amendment in 2011, addressing governance delays and interference in cooperative societies.

Legislative History:

The inclusion of Article 243ZK followed extensive deliberations to establish a robust framework for cooperative society governance. It marked a shift towards democratic self-regulation, aiming to minimize external influence and foster greater accountability within cooperatives.

Debates and Deliberations:

During discussions in the Parliament, members emphasized the importance of conducting elections on time to avoid administrative voids in cooperative societies. The focus was on enhancing transparency and reducing political interference in the electoral processes.

References:

• The Constitution (97th Amendment) Act, 2011.
• State cooperative governance acts such as Gujarat Cooperative Societies Act.
• Debates from the 2011 Parliamentary Sessions.