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State of Madhya Pradesh - Section

Section 37 in The M.P. Swayatta Sahakarita Adhiniyam, 1999

37. Elections.

(1)It shall be the responsibility of the incumbent board to conduct elections of directors, delegates to the delegate general body and representatives if fallen due within the meaning of explanation to clause (a) of sub-section (1) of Section 31.
(2)The elections shall be conducted in the manner specified in the bye-laws, before the expiry of the term of office of the outgoing directors, delegates or representatives as the case may be.
(3)Where a board fails to conduct election of the directors or delegates or representatives, as the case may be before the expiry of the term of their office in accordance with the bye- laws, all directors shall cease to be directors on the date of the annual general meeting at which the elections were due.
(4)The elections of directors, and delegates shall take place at the annual general meeting.
(5)Where a board fails to conduct elections before the expiry of the term of the directors or delegates or representatives, or, where there are no directors remaining on the board, a minimum of 25% of total members of the cooperative may jointly convene a general meeting, or request the Registrar to convene a general meeting for constituting an ad hoc board for the specific purpose of conducting elections and to perform all functions of the board during the interregnum except those functions as prescribed by the general body.
(6)The term of the ad hoc board so constituted shall not exceed three months and the ad hoc board shall cease to function as soon as a regular board is constituted in accordance with the bye-laws.
(7)The directors shall hold office for the period for which they were elected and the newly elected directors shall assume office on the date of expiry of said period.
(8)The director shall not be eligible, if so specified in the bye-laws, for re-election.
(9)Where there are vacancies in the office of the directors and where there are not sufficient number of directors to constitute a quorum for board meetings, the remaining directors shall, notwithstanding anything contained in this Act or the bye-laws, call a general meeting for the purpose of electing directors to fill the vacancies for the unexpired term of the board.