Short Answer

Yes, a society can remove someone's membership unjustly, but that decision can be challenged and overturned legally.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 empowers a society to expel a member for reasons specified in the by-laws. However, this expulsion must be done following the principles of natural justice, ensuring a fair opportunity for the member to present their case. If the expulsion is unjust or against the provisions of the Act or Rules, the affected member can challenge this decision.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for expulsion of a member, including providing a written notice of the charges and an opportunity to be heard. If the society fails to adhere to these procedural requirements or acts in a biased manner, the affected member can file a complaint with the Registrar of Cooperative Societies.

In practice, if a member feels unfairly expelled from the society without proper justification or due process, they can approach the Registrar of Cooperative Societies to file a complaint challenging the expulsion. The Registrar will then investigate the matter, ensuring compliance with the Act and Rules, and may order reinstatement of the member if the expulsion is found to be unjust.

Real-world Scenarios

• Mr. Patel, a member of a cooperative society, was expelled without any notice or opportunity to defend himself. He filed a complaint with the Registrar, citing violation of Section 27 of the Act and Rule 56 of the Rules. The Registrar intervened, directing the society to reinstate Mr. Patel as the expulsion was unjust.

• In another case, a society expelled a member for raising concerns about financial irregularities. The member challenged this expulsion, alleging victimization. The Registrar's investigation revealed that the expulsion was retaliatory, leading to the reinstatement of the member.

• A society expelled a member for non-payment of dues, but the member had evidence of having paid the amount. By invoking Section 27 and Rule 56, the member successfully proved the unjust nature of the expulsion and was reinstated.

References

• Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF

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