Short Answer

Members can challenge a committee decision affecting common property, such as a rent change, by following the dispute resolution process outlined in the Gujarat Cooperative Societies Act, 1961 and the Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 84 of the Gujarat Cooperative Societies Act, 1961 empowers members to challenge committee decisions affecting common property. This section allows any member aggrieved by a decision of the committee to appeal to the Registrar within 30 days of the decision. The Registrar then has the authority to review the decision and provide necessary directions. In practice, this means that if members disagree with a rent change decided by the committee, they can file an appeal with the Registrar within the specified time frame.

Rule 118 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure for filing an appeal. This rule outlines the format and content requirements for the appeal application, ensuring that all relevant details are provided for the Registrar's consideration. In real-world scenarios, this process acts as a mechanism for members to challenge committee decisions affecting common property, such as rent changes, and seek redressal through the regulatory authority.

Practical Examples

• Scenario 1: A cooperative society committee decides to increase the parking fees for common property. Some members feel this decision is unjustified. They can file an appeal with the Registrar under Section 84 of the Act, citing reasons for their disagreement and seeking a review of the decision.

• Scenario 2: The committee decides to lease out a common area for commercial purposes without consulting all members. Those opposed to this decision can utilize Rule 118 of the Rules to submit a formal appeal to the Registrar, highlighting the lack of consensus and requesting intervention.

References

• Section 84 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 118 of the Gujarat Cooperative Societies Rules, 1965: Official PDF