Short Answer

Yes, members can request a legal interpretation if by-laws are unclear.

Detailed Explanation

Rule 158 of the Gujarat Cooperative Societies Rules, 1965 empowers members to seek clarification on unclear by-laws. This rule states that any member can request the society to interpret any by-law that seems ambiguous or unclear. The society must then provide a clear interpretation within a reasonable time frame to ensure transparency and fairness in governance.

In practice, if a member finds certain provisions in the by-laws confusing or open to different interpretations, they can submit a written request to the society's managing committee. The managing committee is obligated to convene a meeting to discuss the interpretation sought and provide a reasoned response based on the by-laws and legal provisions.

For example, if a by-law related to parking allocation is vague and leads to disputes among members, a member can request a legal interpretation to clarify the rights and responsibilities of each member regarding parking spaces. The society must then provide a clear explanation to resolve the issue and prevent conflicts.

Another scenario could involve common area maintenance responsibilities where the by-laws are silent on specific duties. In such cases, members can seek legal interpretation to determine the correct allocation of maintenance tasks among the residents for smooth functioning of the cooperative society.

In summary, Rule 158 of the Gujarat Cooperative Societies Rules, 1965 allows members to seek legal interpretation of unclear by-laws to ensure proper understanding and implementation of rules within the cooperative society, promoting harmony and effective governance.

References

• Rule 158 of the Gujarat Cooperative Societies Rules, 1965: Official PDF