Short Answer

Yes, a member can appeal to the Registrar against a society AGM decision if it breaches the law.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers a member to appeal to the Registrar against any decision taken at the Annual General Meeting (AGM) of a cooperative society if it is in contravention of the law. This section provides a legal remedy for members to challenge decisions that violate the provisions of the Act or Rules. In practice, if a member believes that a decision taken at the AGM goes against the cooperative society's bylaws or the governing laws, they can file an appeal with the Registrar seeking redressal.

For example, if during an AGM, the society passes a resolution that is not in line with the Gujarat Cooperative Societies Act, a member can appeal to the Registrar to intervene and rectify the situation. The member must provide evidence and arguments supporting their claim of a breach of the law by the society.

The process of appealing to the Registrar typically involves submitting a formal written complaint outlining the alleged breach, providing relevant documents or proof, and requesting the Registrar to investigate the matter. The Registrar will then review the appeal, conduct an inquiry if necessary, and take appropriate action to ensure compliance with the law.

Another scenario could be if the AGM decision involves financial mismanagement or misuse of funds, a member can appeal to the Registrar to investigate the matter and take corrective measures to protect the interests of the society and its members.

In summary, Section 91 of the Gujarat Cooperative Societies Act, 1961 grants members the right to appeal to the Registrar against AGM decisions that violate the law, providing a mechanism for legal recourse and ensuring accountability within cooperative societies.

References

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF