Short Answer

Yes, society records such as election papers are admissible as evidence in civil or criminal cases.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 deals with the inspection of documents and maintenance of records by cooperative societies. It mandates that every cooperative society shall maintain proper books of accounts and other records as specified by the Registrar. These records include election papers, minutes of meetings, financial statements, and other important documents. In practice, these records serve as crucial evidence in civil or criminal cases involving cooperative societies. For example, in a dispute regarding the validity of an election, the election papers maintained by the society can be presented as evidence to support or challenge the election process.

Furthermore, Rule 84 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the preservation of records by cooperative societies. It states that certain records like minutes of meetings, registers of members, and election papers must be preserved for a specified period. In real-world scenarios, these preserved records can be produced before the court as evidence to substantiate the claims or defenses in civil or criminal cases. For instance, in a case of financial mismanagement leading to criminal charges against the society officials, the financial statements and audit reports maintained by the society can be crucial evidence in the legal proceedings.

In practical terms, the process of submitting society records as evidence in court involves authenticating the documents and presenting them through proper legal channels. The concerned party must ensure that the records are certified copies and comply with the requirements of the Evidence Act to be admissible in court. By following the prescribed procedures and guidelines, society records can play a significant role in resolving legal disputes and ensuring transparency within cooperative societies.

Comprehensive

Practical Examples

• In a civil case challenging the appointment of office bearers in a cooperative society, the election papers maintained by the society can be submitted as evidence to prove the legitimacy of the election process.

• In a criminal case involving financial irregularities in a cooperative society, the financial statements and audit reports preserved by the society can be presented as evidence to establish the wrongdoing.

• In a dispute over membership rights within a cooperative society, the registers of members maintained by the society can serve as evidence to determine the rightful members.

References

• Section 61 of the Gujarat Cooperative Societies Act, 1961

• Rule 84 of the Gujarat Cooperative Societies Rules, 1965