State Act

THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.

39AA.2[Co-operative Election Commission]2.-(1)The State Government shall, by notification in the Official Gazette, constitute a 2[co-operative election authority]2 consisting of a cooperative election commissioner and a secretary. (2) 1[The superintendence, direction and control of the preparation of the 2[electoral rolls and conduct of]2 all elections to the Co-operative Societies in the State shall be vested with the Co-operative Election Authority.]1 (3) 1[The Government shall appoint a person who is or has been an officer of the rank of Principal Secretary or Secretary to the State Government to be Co-operative Election Commissioner and such Co-operative Election Commissioner shall hold office for a term of five years.]1 1[(4) Subject to the pleasure of the State Government, the State Government shall appoint a person who is an officer not below the rank of Additional Registrar of Co-operative Societies to be the Secretary of the Cooperative Election Authority for such period as may be prescribed.]1 (5)The conditions of service including the salary and allowances of the cooperative election commissioner and the secretary shall be such as may be prescribed. (6)Subject to the provisions of sub-section(8), the Co-operative Election Commissioner shall be removed from his office only by an order of the 1[Government]1 on the ground of proved misbehavior or incapacity after an enquiry ordered by the 1[Government]1 and conducted by a Judge of the High Court, who has on inquiry, reported that the Election Commissioner ought to be removed on such ground. (7) The 1[Government]1 may suspend from office, and if deemed necessary prohibit also from attending the office during inquiry, the election commissioner in respect of whom an enquiry has been ordered under sub-section (6) until the 1[Government]1 has passed orders on receipt of the report of the High Court Judge. (8) Notwithstanding anything contained in sub-section(6), the 1[Government]1 may by order remove from office the cooperative election commissioner if the cooperative election commissioner,- (a) is adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the 1[Government]1 involves moral turpitude; or (c) has engaged during his term of office in any paid employment outside the duties of his office; or (d) is, in the opinion of the 1[Government]1 unfit to continue in office by reason of infirmity of mind or body; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as the election commissioner. (9) If the Cooperative election commissioner any way, concerned or interested in any contract or agreement made by or on behalf of the Government of Karnataka or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section(6) be deemed to be guilty of misbehavior. 1[(10) The Cooperative Election Authority shall in consultation with the State Government determine the number of officers and other employees required for the discharge of the functions of the Co-operative Election Authority.]1 (11)The State Government shall, when so requested by the cooperative election commission, make available to the 1[cooperative election authority]1 such staff as may be necessary for the discharge of the functions conferred on the 1[cooperative election authority]1 under sub-section(2). (12) The salary, allowances, terms and conditions of services of the officers and the employees of the cooperative election 1[authority]1 shall be such as may be prescribed. (13) Subject to the provisions of this Act, procedure and guidelines for the conduct of election shall be such as may be prescribed. (14)The cost of preparation of electoral rolls for, and the conduct of the elections shall be met in such manner as may be prescribed. (15)The board of every cooperative society shall,- (a) inform the cooperative election 3[authority]3 about the expiry of its term of office at least six months before the date of expiry of such term; (b) furnish such books, records and information as the 3[authority]3 may require as per the calendar prescribed by the 4[Cooperative Election Commission]4; and (c) provide all necessary help, assistance and cooperation for the smooth preparation of electoral rolls for and the conduct of elections.]2