Short Answer

No, society members cannot collectively withhold maintenance or take any illegal action pending a court case.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 prohibits any member or group of members from withholding maintenance or taking any illegal action against the society pending a court case. This section aims to maintain the smooth functioning of cooperative societies and prevent disruptions caused by individual or collective actions that go against the law.

In practice, this means that even if there is a dispute or a court case ongoing between the society and its members, all parties are still obligated to fulfill their responsibilities as per the society's bylaws and the law. Withholding maintenance or resorting to illegal actions can lead to further legal consequences and may harm the overall functioning of the society.

Real-world Scenarios

• Scenario 1: A group of dissatisfied members decides to collectively withhold maintenance payments to the society due to a dispute over certain amenities. This action goes against Section 123 of the Act, and the society can take legal recourse to enforce the payment of dues.

• Scenario 2: In a case where a member files a court case against the society, other members cannot join forces to disrupt the society's operations or withhold payments, as it is illegal under the Act.

Step-by-step process:

• If there is a dispute or a court case pending, members should continue to fulfill their obligations towards the society.

• Any grievances or disputes should be addressed through legal channels and within the framework of the cooperative society's rules and regulations.

Reference

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF