Short Answer

Yes, if all remedies under the Gujarat Cooperative Societies Act, 1961 have been exhausted and justice is still denied, members can collectively approach the Gujarat High Court under Article 226 of the Constitution of India by filing a writ petition.

The High Court can intervene if there is violation of fundamental rights, abuse of authority, or failure of legal duty by the Registrar, society, or government officials.

Detailed Explanation

The Constitution of India empowers every citizen to approach the High Court through a writ petition if any statutory authority — including a cooperative society or Registrar — acts illegally, unfairly, or beyond its powers.

In the context of cooperative housing societies, this right acts as a constitutional safeguard when all other remedies under the Gujarat Cooperative Societies Act, 1961 (such as filing complaints with the Registrar or Cooperative Court) have failed or been unreasonably delayed.

• Constitutional Basis:

Article 226 of the Constitution of India:

Grants every citizen the right to approach the High Court for enforcement of legal or fundamental rights through various types of writs.

The High Court may issue writs such as:

Mandamus – to compel a public authority (like the Registrar) to perform a legal duty.

Certiorari – to quash illegal or arbitrary orders.

Prohibition – to stop an authority from acting beyond its jurisdiction.

Quo Warranto – to question unlawful holding of a public office.

Habeas Corpus – to protect individual liberty (rarely applicable in society matters).

Thus, if the Registrar or government fails to act lawfully or delays justice, members can invoke this article for judicial review.

• Precondition — Exhaustion of Remedies:

The High Court usually entertains writ petitions only after members have:

Filed a formal complaint under Sections 81, 93, or 96 of the Gujarat Cooperative Societies Act.

Appealed under Section 155 (if the Registrar’s order was unsatisfactory).

Approached the Cooperative Court or Consumer Forum (if applicable).

If the system still fails to deliver justice — e.g., delay, bias, or misuse of power — members can approach the High Court collectively.

• When High Court Intervention Is Justified:

Members can file a writ petition in the following circumstances:

Registrar fails to act on complaints despite evidence of corruption or fund misuse.

Committee elections or by-law amendments are approved illegally.

Government or Registrar’s orders are arbitrary, unfair, or violate the Act.

Delay in inquiry or justice causes financial or legal harm to members.

Fundamental rights like equality (Article 14) or property protection (Article 300A) are violated.

• Procedure for Filing a Collective Writ Petition:

Form a group of aggrieved members (preferably majority or at least 25% of the society).

Engage a High Court lawyer (advocate-on-record) specializing in cooperative law or constitutional matters.

Draft the writ petition — clearly stating facts, previous remedies attempted, and relief sought.

Attach all relevant documents (complaints, Registrar responses, audit reports, notices, etc.).

File the petition in the Gujarat High Court under Article 226.

The court issues notice to the Registrar and society to respond.

After hearing both sides, the High Court may issue directions, stay orders, or quash illegal actions.

• Costs Involved:

Court filing fee: Usually ₹500–₹1,000.

Advocate fee: ₹25,000–₹1,00,000 depending on case complexity.

Documentation & affidavit costs: Around ₹1,000–₹2,000.

If the court rules in the members’ favor, it may order cost reimbursement by the society or the erring authority.

• Real-world Scenarios

Scenario 1: In Ahmedabad, members filed a writ when the Registrar ignored repeated complaints about fund misappropriation. The High Court ordered a full audit and suspended the committee.

Scenario 2: A Surat society challenged illegal FSI approval for redevelopment. The High Court issued a writ of certiorari, cancelling the project until due process was followed.

Scenario 3: In Vadodara, the Registrar delayed elections for over two years. Members filed a writ of mandamus, compelling him to hold elections within 30 days.

References

Article 226 – Constitution of India: Power of High Courts to issue writs: Official Link

Section 81, 93, 96 & 155 – Gujarat Cooperative Societies Act, 1961: Official PDF

Gujarat High Court Rules on Writ Jurisdiction (2020).