Cooperative Election Authority ( CEA )

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Cooperative Election Authority has been established under Section 45 of the Multi State Co-operative Societies (Amendment) Act, 2023 (11 of 2023).

Structure:

It consist of a Chairperson, a Vice-Chairperson and Members not exceeding three to be appointed by the Central Government ( on the recommendation of the Selection Committee consisting of such persons as may be prescribed ).

Qualification of members:

 A person shall not be qualified for appointment as a,–– 

(i) Chairperson of the Authority unless he held the post of Additional Secretary to the Government of India or equivalent rank; 

(ii) Vice-Chairperson of the Authority unless he held the post of Joint Secretary to the Government of India or equivalent rank; and 

(iii) Member unless he fulfils such qualification and experience as may be prescribed.

Term of Members:

The Chairperson, Vice-Chairperson or Member of the Authority shall hold office for a period of three years from the date on which they enter upon their office or until they attain the age of sixty-five years, whichever is earlier and they shall be eligible for re-appointment: 

Provided that in case of appointment of a Government servant as a Chairperson, Vice-Chairperson or a Member, he shall be treated as an ex officio Member and he shall continue so long as he holds the office by virtue of which he is a Chairperson, Vice-Chairperson or Member. 

Functioning:

The Chairperson of the Authority shall preside at the meeting of the Authority and if for any reason the Chairperson of the Authority is unable to attend a meeting of the Authority, the Vice-Chairperson of the Authority shall preside at the meeting. 

All questions which come up before any meeting of the Authority shall be decided by a majority of votes of the members present and voting and, in the event of an equality of votes, the Chairperson or the Vice-Chairperson of the Authority presiding shall have the right to exercise a second or casting vote. 

Save as otherwise provided in sub-section (1), every Member shall have one vote.

Function of Authority:

(i) conduct the elections of the multi-State co-operative society;

(ii) supervise, direct and control the matters relating to preparation of electoral rolls; and 

(iii) such other functions as may be prescribed.

Removal of Members:

(1) The Central Government may, by order, remove from office the Chairperson, Vice-Chairperson or Member of the Authority, other than ex officio Member, if the Chairperson, Vice-Chairperson or Member of the Authority, as the case may be,— 

        (a) has been adjudged as an insolvent; 

        (b) has been convicted of an offence which, in the opinion of the Central Government involves moral turpitude; 

        (c) has been physically or mentally incapable of acting as a Chairperson, Vice-Chairperson or Member of the Authority; 

        (d) has acquired such financial or other interests, as is likely to affect prejudicially his function as a Chairperson, Vice-Chairperson or Member of the Authority; 

        (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or 

        (f) has engaged at any time during his term of office in any other employment. 

(2) The Chairperson, Vice-Chairperson or Member of the Authority shall not be removed from his office except by an order of the Central Government on the ground of his proved misbehaviour or incapacity after the Central Government has, on an inquiry, held in accordance with the procedure prescribed in this behalf by it, come to the conclusion that the Chairperson, Vice-Chairperson or Member of the Authority ought on any such ground to be removed. 

(3) The Central Government may suspend the Chairperson, Vice-Chairperson or Member of the Authority in respect of whom an inquiry under sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt of the report of the inquiry. 

Multi State Co-operative Societies (Amendment) Act, 2023

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