Short Answer

In cases where one member sues another through society mechanisms, the Gujarat Cooperative Societies Act, 1961 provides a framework for resolution through the Registrar and the Cooperative Tribunal.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to resolve disputes between members of a cooperative society. The Registrar can inquire into the matter and pass orders for the recovery of dues, delivery of possession, or any other relief deemed necessary. This section ensures that disputes within the society are resolved efficiently and fairly.

Furthermore, Rule 106 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing complaints with the Registrar. Members can submit a written complaint detailing the nature of the dispute, the relief sought, and any supporting documents. The Registrar will then investigate the matter and take appropriate action based on the merits of the case.

In practice, if a member wishes to sue another member through society mechanisms, they would need to first file a complaint with the Registrar as per Rule 106. The Registrar would then conduct an inquiry, hear both parties, and issue a decision based on the evidence presented. This process ensures that disputes are resolved within the cooperative framework, avoiding the need for costly and time-consuming litigation in civil courts.

Real-world Scenarios

• Scenario 1: Member A accuses Member B of unauthorized use of society funds. Member A files a complaint with the Registrar under Section 70 of the Act. The Registrar conducts an inquiry, reviews the financial records, and orders Member B to repay the amount misused.

• Scenario 2: Member X alleges that Member Y has encroached on society property. Member X submits a written complaint to the Registrar as per Rule 106. The Registrar investigates the matter, conducts a site visit, and directs Member Y to vacate the encroached area.

• Scenario 3: Member P and Member Q have a disagreement over the maintenance of common areas. Member P approaches the Registrar with a detailed complaint outlining the issue. The Registrar mediates between the two parties, facilitating a compromise on the maintenance responsibilities.

References

• Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 106 of the Gujarat Cooperative Societies Rules, 1965: Official PDF