Legal Remedies and Registrar Complaints
How do we enforce a court or Registrar order (such as removal of an office-bearer)?
Written By: GatePal Analyst
Last Updated on
Short Answer
To enforce a court or Registrar order, such as the removal of an office-bearer, the concerned parties must follow the procedures outlined in the Gujarat Cooperative Societies Act, 1961 and Rules, 1965.
Detailed Explanation
Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to enforce compliance with orders. This section states that if any person fails to comply with an order made by the Registrar, the Registrar may apply to the court for the enforcement of the order. In simple terms, this means that if an office-bearer refuses to step down as per the order, the Registrar can seek court intervention to ensure compliance.
Rule 54 of the Gujarat Cooperative Societies Rules, 1965 provides detailed procedures for the removal of office-bearers. This rule outlines the steps to be followed for implementing the removal order, including issuing notices, conducting meetings, and recording minutes. In practice, this rule serves as a guide for the cooperative society to carry out the removal process in a lawful manner.
Practical Examples
Scenario 1: The Registrar issues an order for the removal of the President of a cooperative society due to misconduct. Despite the order, the President refuses to step down. The Registrar can then approach the court under Section 70 for enforcement.
Scenario 2: A Treasurer of a cooperative society is found guilty of financial irregularities, and the Registrar orders their removal. The society follows Rule 54 by issuing a notice, holding a meeting, and recording the decision to remove the Treasurer.
Reference
Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 54 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
Related to Legal Remedies and Registrar Complaints