Establishment of Co-operative Election Authority
Section 45 of the Multi-State Co-operative Societies Act, 2002 deals with establishment of Co-operative Election Authority. The Central Government shall, by notification, establish an Authority to be known as the Co-operative Election Authority which shall 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 The Act came into force on 19 Aug 2002.
1[45. Establishment of Cooperative Election Authority.--(1) The Central Government shall, by notification, establish an Authority to be known as the Co-operative Election Authority which shall 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.
(2) The head office of the Authority shall be at such place as may be notified by the Central Government.
(3) The election of the members of the board shall be held in the general meeting of the members of the multi-State co-operative society.
(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
(4) 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.
(5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson, Vice-Chairperson and Members of the Authority, other than the ex officio Member, shall be such as may be prescribed.]
Section 45, The Multi-State Co-operative Societies Act, 2002 (Act 39 of 2002).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Brijesh Kumar Singh & Ors. v. Central Registrar of Cooperative Societies & Ors.
Court's Decision & Legal Precedent
Section 123 authorises supersession of the board of a specified multi-State co-operative society on the statutory grounds enumerated therein. Mere post-election grievances or dissatisfaction with how an election was conducted, after the board has already initiated and completed the process under the Act, do not by themselves attract supersession under s.123. The Court declined to treat the writ as a vehicle for s.123 supersession where the statutory preconditions were not shown.
On this section: NEW teaching fill on empty MSCS s.45: Central Registrar RO election power under s.45(6) only if board failed to start election; completed election not reopened via Art.226.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Respondent no.4 - Sugar Factory is Multi-State Co-operative Society. The term of the existing Board has come to an end on 10th April 2014. The learned Counsel relies on provisions of Section 45 of the Multi-State Co-operative Societies Act, 2002 [For short, hereinafter referred to as "the Act"] . 3. Mr. Kulkarni, the learned Standing Counsel for respondent nos.1 and 2, submits that the Central Registrar has intimated the Commissioner of Sugar to constitute ad hoc Committee for holding the elections. …
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… the election process before the expiry of their term i.e. before 15th March, 2013 by appointing an independent Returning Officer who was to be appointed by an authority which was to be established by the Central Government. It is submitted that this procedure has not been followed. Our attention is invited to Section 45 of the Multi-State Co-operative Societies Act. It is submitted that the provisions of the said Act have not been followed by the Respondents. It is submitted that this has been done with a malafide intention of not allowing the opponents in the present managing committee to contest the elections and get elected. The …
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… Patel. 6. It has been submitted by the learned advocate appearing for the petitioners that the impugned action taken by the respondent is bad because the notice was issued under the provisions of sec. 76B of the Act whereas the impugned order has been passed under the provisions of sections 44 and 45 of the Multi-State Co-operative Societies Act, 1984. It has been submitted by him that no show-cause notice was issued to the petitioners under the provisions of Multi-State Co-operative Societies Act, 1984. According to the learned advocate, without issuance of any notice under the provisions of the said Act, the …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 45
What have the courts held on Section 45 of the Multi-State Co-operative Societies Act?
Brijesh Kumar Singh & Ors. v. Central Registrar of Cooperative Societies & Ors. (31 May 2023) is the leading judgment on this section among those set out below: NEW teaching fill on empty MSCS s.45: Central Registrar RO election power under s.45(6) only if board failed to start election; completed election not reopened via Art.226.
How do I find court cases under Section 45 of the Multi-State Co-operative Societies Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Multi-State Co-operative Societies Act 45, section 45 Multi-State Co-operative Societies Act, section 45 of the Multi-State Co-operative Societies Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Brijesh Kumar Singh & Ors. v. Central Registrar of Cooperative Societies & Ors. (31 May 2023).
What should I read with Section 45 of the Multi-State Co-operative Societies Act, and has it changed?
3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Multi State Cooperative Societies Act, 2002 (2002).
When did Section 45 of the Multi-State Co-operative Societies Act come into force?
Section 45 of the Multi-State Co-operative Societies Act, cited as Multi-State Co-operative Societies Act 45, came into force on 19 Aug 2002, having been enacted on 03 Jul 2002. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.