Managing committee term of 5 years — when it starts (154B-19)

A society holds its election, the result is announced, and the new committee immediately asks two practical questions: from which day do we count our term, and what do we do if a member drops out halfway? The law gives clear answers to both, and getting the dates wrong can cause trouble at the next election.

What the provision says

Section 154B-19 sets out how a managing committee comes into being and how long it lasts. The committee stands constituted on the date the returning officer declares the election result, once more than two-thirds of its strength — the strength being as the Registrar may decide from time to time — has been elected. If two-thirds works out to a fraction, it is rounded off to the next higher number.

The elected members and the office bearers hold office for five years from the "first meeting" of the newly constituted committee. The office bearers' term runs together with the committee's term. A casual vacancy may be filled by co-option, and the co-opted member's term also runs together with the committee's term.

What it means in practice

Take a committee of 11. Two-thirds of 11 is about 7.33, and a fraction is rounded off to the next higher number, so 8 elected members — not 7 — satisfy the requirement that more than two-thirds have been elected. On that footing the committee stands constituted on the day the result is declared. For how election disputes reach the courts, see our note on the voters' list ruling.

Now the term. Suppose the result is declared on 10 January and the committee holds its first meeting on 20 January. The five years are counted from 20 January, not from 10 January. The office bearers' term ends with the committee's, so there is no separate clock for the chairman or secretary.

If a member resigns or a seat falls vacant, the committee can co-opt someone. That person does not get a fresh five years; the term is the committee's term.

What your committee should do

1. 1Record the date on which the returning officer declared the result; the committee stands constituted from that date.
2. 2The section fixes no deadline for the first meeting, but hold it without avoidable delay and write its date clearly in the minutes, because the five-year term is counted from it.
3. 3Work out two-thirds of the committee's strength and round any fraction up to the next whole number, keeping in mind that the section requires more than two-thirds to have been elected.
4. 4If you decide to fill a casual vacancy, the section permits it to be filled by co-option; note in the minutes that the co-opted member's term is the committee's term.
5. 5Mark the date five years from the first meeting in the society's calendar, so the next election is planned well ahead.