Short Answer

Yes, society presidents or secretaries can be held responsible if the by-laws of the cooperative society are found to be illegal.

Detailed Explanation

Rule 42 of the Gujarat Cooperative Societies Rules, 1965 empowers the Registrar to cancel any by-law that is found to be inconsistent with the provisions of the Act or Rules. This means that if the by-laws created by the society are deemed illegal or in violation of the law, the Registrar has the authority to take action. In practice, this can result in the society president or secretary being held responsible for allowing or creating such illegal by-laws.

Additionally, Section 91 of the Gujarat Cooperative Societies Act, 1961 holds office bearers of the society liable for any loss caused to the society due to their willful neglect or default in performing their duties. If the by-laws are deemed illegal and result in financial or legal repercussions for the society, the president or secretary could be held accountable under this section.

Real-world Scenarios

• Scenario 1: The society president introduces a by-law that allows discrimination based on caste or religion in the allocation of parking spaces. This by-law is illegal and discriminatory. The Registrar cancels the by-law, and the president is held responsible for violating the law.

• Scenario 2: The secretary of the society drafts a by-law that exempts certain members from paying maintenance charges without proper authorization. This by-law is illegal and results in financial losses for the society. The secretary is held liable under Section 91 for the loss incurred.

Reference

• Gujarat Cooperative Societies Act, 1961: Rule 42

• Gujarat Cooperative Societies Rules, 1965: Section 91