Short Answer

Yes, if a by-law fixes election procedures, it must be followed even if it differs from the Act.

Detailed Explanation

Rule 58 of the Gujarat Cooperative Societies Rules, 1965 states, "The election of members of the committee shall be conducted in accordance with the procedure laid down in the by-laws of the society." This means that the election procedures mentioned in the by-laws of the cooperative society will prevail over any conflicting provisions in the Act.

In practice, this implies that the by-laws, which are internal regulations of the society, will govern the conduct of elections unless they are in direct conflict with the Act. By-laws are typically formulated by the members of the society and are binding on all members. Therefore, even if the Act specifies certain election procedures, the by-laws will take precedence in this regard.

Real-world Scenarios

• Scenario 1: The by-laws of a cooperative society state that elections for the committee members will be held annually in the month of June. Even if the Act suggests a different timeline for conducting elections, the society must adhere to its by-laws and conduct the elections in June.

• Scenario 2: If the by-laws specify a particular voting procedure, such as secret ballot, the society must follow this method even if the Act does not explicitly mention it.

Reference

• Rule 58 of the Gujarat Cooperative Societies Rules, 1965

• Official PDF