Short Answer

Members can challenge overly broad or vague by-laws through the courts by filing a complaint with the Registrar of Cooperative Societies and subsequently approaching the appropriate court for legal remedy.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to adjudicate disputes related to cooperative societies. If members believe that the by-laws of their society are overly broad or vague, they can file a complaint with the Registrar under this section. The Registrar will then conduct an inquiry and pass necessary orders to rectify the situation. However, if the members are not satisfied with the Registrar's decision, they can approach the appropriate court for further legal recourse.

Rule 34 of the Gujarat Cooperative Societies Rules, 1965 lays down the procedure for filing complaints with the Registrar. Members need to submit a written complaint detailing the specific provisions of the by-laws that they believe are overly broad or vague. They should also provide any supporting evidence or arguments to substantiate their claim. The Registrar will then investigate the matter and issue appropriate directions to address the issue.

In practice, challenging overly broad or vague by-laws through the courts involves a step-by-step process starting with filing a complaint with the Registrar, participating in the inquiry, and then seeking legal remedy through the court system if necessary. Real-world scenarios could include disputes over ambiguous language in the by-laws regarding membership criteria, voting rights, or allocation of funds. Members can seek clarification or modification of such provisions through the legal channels available to them.

Practical Examples

• In a cooperative housing society, members challenge a by-law that allows the management committee to levy arbitrary fines without specifying the reasons or limits. They file a complaint with the Registrar citing Section 13 of the Act and Rule 34 of the Rules, seeking a review of the by-law's language.

• A cooperative credit society's by-laws contain vague provisions regarding loan approval criteria, leading to confusion among members. They submit a detailed complaint to the Registrar, requesting clarity and transparency in the by-laws' language.

• Members of a cooperative agricultural society dispute a by-law that grants excessive powers to the president without adequate checks and balances. They escalate the issue to the courts after exhausting the remedies available through the Registrar's office.

References

• Section 13 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 34 of the Gujarat Cooperative Societies Rules, 1965: Official PDF