State Act

THE KARNATAKA SOUHARDA SAHAKARI ACT, 1997

28. Election of office bearers.- 1[ 3[(1) The Chief Executive shall within fifteen days from the date of constitution or deemed constitution of the Board after a general election and immediately before the expiry of the term of office of the President or Chairperson, Vice-President or Vice-Chairperson and any other office-bearers, convene a meeting in the manner as may be prescribed of all members of the committee for the purpose of electing President or Chairperson, Vice-President or Vice-chairperson and such any other office bearers as are required to be elected under the bye-laws of the souharda co-operative society. One of the members who is not a candidate for the election of President or Chairperson, Vice-president or Vice-Chairperson or any office bearer shall be chosen to preside over such meeting: Provided that, the Members of the first Board elected in the first general election held after the registration of a co-operative, shall elect the President or Chairperson, Vice-President or Vice-Chairperson and other office bearers in such manner as may be prescribed. (2) The Chief Executive shall, as and when there is a casual vacancy in the office of the President or Chairperson, Vice-President or Vice- Chairperson or other office bearers convene a meeting of the members of the Board for the purpose of filling up the casual vacancy and the provisions of sub-section (1) shall mutatis mutandis apply. (3) The Chief Executive shall, within three days from the date of the meeting, forward to the Registrar and Co-operative election authority a copy of the notice convening the meeting and also a copy of the proceedings of the meeting. (4) If the Chief Executive fails to convene the meeting in accordance with sub-sections (1) and (2), the Co-operative election authority or any officer authorized by it to do so shall convene a meeting for the purposes specified in the said sub-sections.]3 ]1 5[(5)]5 The President or Chairperson or in his absence, the Vice President or Vice-Chairperson shall,- (a) preside over meetings of the Board and the general body; (b) have only a casting vote in the event of equality of votes on any matters being decided upon by the Board except election to the office bearers: Provided that in the event of equality of votes in the election of office bearers, the election shall be by drawing lot; and (c) exercise such other powers as are specified in the bye-laws or as may be delegated by the Board. 1[ 5[(6) ]5 The term of office of the President or chair person, vice president or vice chair person and any other office-bearers shall be five years from the date of election and shall be co-terminus with the term of the board.]1 Explanation.- If the election to the office of the President or Chairperson, Vice-President or Vice-Chairperson is held in the middle of the term the remaining part of the term shall deemed to be a full term. 1[ 2[Provided that the term of the office bearer of the Federal Cooperative shall end if he ceases to be the director of the representative Co-operative.]2]1