Short Answer

No, the society cannot arbitrarily disqualify a candidate after elections.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 states that once a candidate has been duly elected in a society election, they cannot be disqualified arbitrarily. This means that the society must follow the due process and grounds specified in the Act before disqualifying a candidate post-election. In practice, this provision ensures fairness and transparency in society elections, preventing any misuse of power by the society's management.

Additionally, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the disqualification of members of the committee. This rule outlines specific grounds for disqualification, such as default in payment of dues or contravention of the Act or Rules. These grounds must be adhered to strictly, and any attempt to disqualify a candidate without valid reasons would be against the provisions of the Act and Rules.

In real-world scenarios, if a society attempts to disqualify a candidate without valid grounds post-election, the affected candidate can challenge this decision in the appropriate legal forum. The candidate can seek redressal through the Registrar of Cooperative Societies or the Cooperative Court, depending on the nature of the dispute. The process would involve presenting evidence and arguments to prove that the disqualification was arbitrary and against the provisions of the Act and Rules.

For example, if a candidate is disqualified after elections based on personal vendetta rather than legitimate reasons like non-compliance with financial obligations, they can challenge this decision by filing a complaint with the Registrar of Cooperative Societies. The candidate would need to provide evidence to support their claim and demonstrate that the disqualification was unjust.

In another scenario, if a society attempts to disqualify a candidate for raising concerns about mismanagement or corruption within the society post-election, the candidate can rely on the provisions of the Act and Rules to defend their position. By citing Section 73 and Rule 56, the candidate can argue that their disqualification is unjustified and seek legal recourse to uphold their rights as a duly elected member.

Overall, the Gujarat Cooperative Societies Act, 1961 and Rules provide clear guidelines on the disqualification of candidates post-election, ensuring that such actions are not arbitrary and are based on valid grounds specified in the legislation.

References

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

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