Legal Remedies and Registrar Complaints
Can women’s reservation (74BB) be enforced by a petition if not honored?
Written By: GatePal Analyst
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Short Answer
Yes, women's reservation (74BB) can be enforced through a petition if not honored.
Detailed Explanation
Section 74BB of the Gujarat Cooperative Societies Act, 1961 deals with the reservation of seats for women in cooperative societies. It mandates that a certain percentage of seats on the committee of every cooperative society should be reserved for women members. If this provision is not honored by the cooperative society, affected women members have the right to enforce this reservation through a petition to the Registrar of Cooperative Societies.
In practice, if the women's reservation is not implemented by a cooperative society, the aggrieved women members can file a formal complaint or petition with the Registrar of Cooperative Societies. The Registrar will then investigate the matter, ensure compliance with the reservation provision, and take necessary actions against the defaulting society.
Real-world Scenarios
Scenario 1: A cooperative society fails to reserve the required seats for women on its committee despite the legal mandate. The women members of the society can collectively file a petition with the Registrar of Cooperative Societies seeking enforcement of the reservation provision.
Scenario 2: In another case, if a cooperative society discriminates against women members by not allowing them to contest or hold positions on the committee, the affected women can file a complaint under Section 74BB for the violation of their reservation rights.
Step-by-step process:
Women members identify the non-compliance of the reservation provision.
They prepare a petition outlining the details of the violation.
The petition is submitted to the Registrar of Cooperative Societies for further action.
The Registrar investigates the matter and ensures the enforcement of women's reservation as per the law.
Reference
Section 74BB of the Gujarat Cooperative Societies Act, 1961: [Official PDF]
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