Section 45J explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 45J, inserted in 2023, is the main election section for the board of a multi-State co-operative society. It requires a candidate to be an "active member", fixes secret ballot and a five-year term, allows limited filling of casual vacancies by nomination, and obliges the Chairperson and the Chief Executive to alert the Authority six months before the term ends. This article states it as per the Ministry of Cooperation copy of the Act read with the Multi-State Co-operative Societies (Amendment) Act, 2023.
Only an active member of the general body can be elected as a board member or office bearer. The election is by secret ballot in the general meeting, and the term of elected members and office bearers is five years. The board may fill casual vacancies by nomination up to one-third of the number of elected directors, if less than half the original term is left. The Chairperson and the Chief Executive must inform the Authority six months before the term ends. A society that wants to check its election calendar can start with our legal consultation team.
Context
The 2023 Amendment Act (Act 11 of 2023) came into force on 3 August 2023 by notification S.O. 3493(E). Its section 17 substituted section 45 with a new section 45 and sections 45A to 45L. Section 45J carries over parts of the old section 45 (secret ballot, election in the general meeting, re-election, term, expenses) and adds new rules. The sources stop on 4 August 2023 and say nothing about whether the Authority has been set up. For the Authority see our note on the Co-operative Election Authority.
Section 45J(1): active member
"No person shall be eligible to be elected as a member of the board or office bearer of a multi-State co-operative society, unless he is an active member of the general body of that society."
The Explanation defines "active member" as "any member (i) availing minimum level of products or services of the society; or (ii) attending not less than three consecutive general meetings, as specified in section 29."
Two flags. First, the Act does not say what the "minimum level" is; that may be fixed elsewhere. Second, clause (ii) refers to "as specified in section 29", yet section 29, as amended, is about disqualification of a member. We explain both as printed and do not reconcile them. Section 29 is covered in our note on disqualification for being a member. The two limbs are joined by "or", so meeting either one makes a member active.
Section 45J(2): ceasing to be a member
"A member of the board or office bearer of a multi-State co-operative society shall cease to be such member or office bearer, if he ceases to be a member of general body of that society." The seat is tied to membership of the general body.
Section 45J(3) and (4): secret ballot, general meeting, re-election
- "The election of members of board shall be held by secret ballot in such manner as may be prescribed."
- "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 and the elected members of the board shall, if the bye-laws of such society permit, be eligible for re-election."
The manner of the secret ballot is left to rules. Amendment rules were notified on 4 August 2023 (G.S.R. 591(E)); the consolidated Rules should be checked. Re-election depends on the bye-laws permitting it.
Section 45J(5): term and casual vacancies
"The term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be co-terminus with the term of the board."
Two provisos deal with vacancies:
| Proviso | Rule |
|---|---|
| First | The board may fill casual vacancies up to one-third of the number of elected directors on the board "by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term" |
| Second | If the number of casual vacancies in the same term exceeds one-third of the number of elected directors, "such vacancies shall be filled by elections" |
So nomination is available only when both conditions are met: the number of vacancies is within one-third of the elected directors, and less than half of the term remains. Otherwise, elections are required. The Act does not say who counts the vacancies or what happens to the nominated seats in the next election.
Section 45J(6) and (7): expenses and rules
"The expenses for holding elections by the Authority shall be borne by the multi-State co-operative society in such manner as may be prescribed." The society pays; the manner is left to rules. Sub-section (7) says the Central Government "may make rules to provide for the powers and the procedure to be followed by the Authority for conduct of election of members of the board."
Section 45J(8) and (9): the society's duties
"(8) The Chairperson and the Chief Executive of the multi-State co-operative society shall inform the Authority, six months before the expiry of the term of the existing board, to conduct the elections within time."
"(9) The multi-State co-operative society in respect of which the election is being held shall provide such infrastructure, personnel, information, documents or other assistance to the Authority as it may require."
These two duties tie in with section 43(2)(a), as amended, under which a person is ineligible for five years where the board fails to provide such assistance. See our note on disqualifications for being a member of the board.
Old section 45 and section 45J side by side
| Matter | Old section 45 (principal copy) | Section 45J (after 2023) |
|---|---|---|
| Conduct of elections | Responsibility of the existing board | By the Authority (ss.45-I, 45J) |
| Who may stand | A member of the general body | An active member of the general body |
| Method | Secret ballot, manner as may be prescribed | Same: secret ballot, manner as may be prescribed |
| Where held | General meeting of members | Same |
| Re-election | If the bye-laws permit | Same |
| Term | As in the bye-laws, not exceeding five years from the date of elections | Five years from the date of election; office bearers co-terminus with the board |
| Holding over | Elected members continue till successors assume charge | Not repeated in section 45J |
| If election not held | Central Registrar to hold it within ninety days of the due date | Chairperson and Chief Executive inform the Authority six months before expiry |
| Expenses | Borne by the society where the Central Registrar holds the election | Borne by the society for elections by the Authority |
The old section 45 also let the Central Government make rules generally on elections; new sub-section (7) is limited to the Authority's powers and procedure.
A practical example
The board of Navjyoti Multi-State Co-operative Society was elected on 10 July and its five-year term ends on 9 July five years later. By 9 January of the last year, the Chairperson and the Chief Executive must inform the Authority. In the fourth year, two of the nine elected directors resign. Less than half of the original term remains and two is within one-third of nine, so the board may fill both seats by nomination out of the same class of members. If four had resigned, the number would exceed one-third, and those vacancies would be filled by election.
Need help with an election plan?
A society planning an election should map the six-month notice, the active member test and any casual vacancies in one calendar well before the term ends. Our legal consultation team can help you check that the board's steps match the text of section 45J.
Key takeaways
- Only an active member of the general body can be elected as a board member or office bearer.
- The ballot is secret and the election is held in the general meeting.
- The term is five years and office bearers' terms are co-terminus with the board.
- Casual vacancies up to one-third of the elected directors can be filled by nomination in the last half of the term; above that, by election.
- The Chairperson and the Chief Executive must inform the Authority six months before the term ends.
Read next
- Functions of the Authority, returning officer and directions (sections 45-I, 45K and 45L)
- Powers and functions of the board (section 49)
- Disqualification for being a member (section 29)
- Multi-State Co-operative Societies Act, 2002: complete guide
Disclaimer: Based on the Ministry of Cooperation copy of the Multi-State Co-operative Societies Act, 2002 read with the Multi-State Co-operative Societies (Amendment) Act, 2023 (in force from 3 August 2023), as consulted on 2 October 2026. The Multi-State Co-operative Societies Rules, 2002 as amended, later notifications and later amendments are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.