Short Answer

To challenge an election result or by-law believed to be held illegally, one can file a complaint with the Registrar of Cooperative Societies in Gujarat.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to inquire into complaints regarding the election of the committee or any by-law. If a member believes that an election was conducted unfairly or a by-law was passed illegally, they can submit a written complaint to the Registrar within three months of the election or passing of the by-law. The Registrar will then investigate the matter and may take necessary actions as per the provisions of the Act.

Rule 156 of the Gujarat Cooperative Societies Rules, 1965 provides the detailed procedure for filing a complaint with the Registrar. The member must submit the complaint in writing, clearly stating the grounds for challenging the election result or by-law. The Registrar will then conduct an inquiry, giving an opportunity to both the complainant and the society to present their case. Based on the findings, the Registrar may declare the election or by-law void if it is proven to be illegal.

Practical Examples

• Scenario 1: Mr. Patel, a member of a cooperative society, believes that the recent election of the committee was rigged. He files a complaint with the Registrar under Section 91 of the Act, citing irregularities in the election process.

• Scenario 2: Ms. Shah contests a newly passed by-law of her society, claiming it violates the provisions of the Act. She submits a written complaint to the Registrar as per Rule 156 of the Rules, seeking intervention.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 91

• Gujarat Cooperative Societies Rules, 1965: Rule 156