Co-Operative Societies Act 2008
12.
Election of directors
1. This Regulation
applies for the purposes of section 50 of the Act.
2. Before accepting the
nomination of any person, the Chairman of a meeting called to elect directors,
shall satisfy himself that the person to be nominated—
a.
is
qualified pursuant to the Act and the by- the society to be director; and
b.
has
consented to the nomination.
1.
2.
3. Where the number of
candidates nominated does not exceed the number of directors to be elected, the
Chairman of the meeting called to elect directors shall declare all the
candidates elected.
4. Subject to paragraph
(7), only one ballot is to be taken and the number of candidates equal to the
number of directors to be elected receiving the highest number of votes are to
be declared elected.
5. Where candidates are
to be elected for varying terms, the candidates receiving the highest number of
votes cast are to be declared elected for the longest or the longer terms, as
the case may be.
6. For the purpose of
these Regulations a term shall not exceed 3 years.
7. Where 2 or more
candidates receive an equal number of votes, the members present at the meeting
may by resolution provide that a second ballot be cast to break the tie.
8. Where the meeting
does not decide to hold a second ballot pursuant to paragraph (7), the Chairman
of the meeting called to elect directors shall draw lots, and the candidate
whose lot is drawn on his ballot, is to be declared elected.
9. Where a member votes
for more than the number of directors to be elected his ballot is not to be
counted.
10. Where a registered
society submits a by-law to the Registrar that provides for a method of
electing directors other than at a general meeting of members and the Registrar
is satisfied that the by-law does not contravene paragraphs (4), (5), (6), (7),
(8) and (9), the Registrar may approve the by-law and, on and after the date of
that approval, the directors of the society shall be elected in the manner
provided for in the by-law.
11. A society shall not
include in any by-law governing the manner of electing its directors, any
provision that prohibits its members from nominating as a candidate for
election as director any member who—
a.
is
qualified to be a director; and (b) consents to the nomination.