Short Answer

To determine whether your issue should be filed as a criminal complaint, a cooperative case, or a civil suit, you need to consider the nature of the dispute and the legal remedies available under the Gujarat Cooperative Societies Act, 1961, Gujarat Cooperative Societies Rules, 1965, and Gujarat RERA Act and Rules.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 deals with disputes between members or past members of a cooperative society. This section provides for the settlement of disputes through arbitration, which is a form of alternative dispute resolution. If the issue involves internal disputes among members of a cooperative society, it can be resolved through arbitration as per this section. For example, if there is a disagreement regarding the management of the society or financial matters among the members, they can opt for arbitration under this section.

Rule 89 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing complaints with the Registrar of Cooperative Societies. If the issue pertains to a violation of the cooperative laws or rules, such as mismanagement of funds by the society's board or non-compliance with statutory requirements, a complaint can be filed with the Registrar for appropriate action. For instance, if the society is not conducting elections as mandated by the rules, a complaint can be lodged with the Registrar under this rule.

In contrast, if the dispute involves criminal activities such as fraud, embezzlement, or criminal breach of trust within the cooperative society, it may warrant filing a criminal complaint with the police under the Indian Penal Code. In such cases, the aggrieved party can approach the law enforcement authorities to initiate criminal proceedings against the offenders.

Therefore, the decision on whether to file a criminal complaint, a cooperative case, or a civil suit depends on the nature of the dispute and the legal provisions applicable to the situation. It is essential to assess the specific circumstances of the issue and determine the appropriate course of action based on the relevant laws and regulations.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 91

• Gujarat Cooperative Societies Rules, 1965: Rule 89