Short Answer

Yes, a member's behavior, including violent conduct, can disqualify them from standing for election in a cooperative society.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to disqualify a member from being elected or appointed to any committee of a society if the member has been convicted of an offense involving moral turpitude or has been found guilty of any act which, in the opinion of the Registrar, is prejudicial to the interests of the society. This means that if a member engages in violent conduct that is deemed prejudicial to the society's interests, they can be disqualified from standing for election.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides a detailed procedure for disqualification of members from being elected to the committee of a society. The rule outlines that any objection to the candidature of a member on the grounds of disqualification must be made in writing to the Returning Officer before the election. The Returning Officer then has the authority to decide on the disqualification issue based on the evidence presented.

In practice, if a member's violent behavior is brought to the attention of the Registrar or the Returning Officer before an election, a formal complaint can be lodged, and the necessary disciplinary action can be taken as per the provisions of the Act and Rules. This ensures that the cooperative society maintains a conducive and harmonious environment for all members to participate in the election process without fear of violence or disruption.

Real-world Scenarios

• Scenario 1: A member of a cooperative society is known for their aggressive behavior and has been involved in physical altercations with other members during society meetings. Before the upcoming election, several members raise concerns about this behavior and file a written objection to the Returning Officer citing the violent conduct. The Returning Officer, after due inquiry, disqualifies the member from standing for election based on Rule 56 of the Gujarat Cooperative Societies Rules, 1965.

• Scenario 2: During a society event, a member causes significant damage to the society's property due to their violent outburst. The incident is reported to the Registrar, who initiates proceedings to disqualify the member from being elected to the committee under Section 73 of the Gujarat Cooperative Societies Act, 1961.

• Scenario 3: A member is convicted of assault outside the society premises, and this information comes to light before the election process. The Registrar takes cognizance of the conviction and disqualifies the member from standing for election in accordance with the provisions of the Act.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF