Parking, Common Areas, and By-Laws
If a by-law is struck down as invalid, how quickly must society stop enforcing it?
Written By: GatePal Analyst
Last Updated on
Short Answer
The society must stop enforcing an invalid by-law immediately.
Detailed Explanation
Rule 56 of the Gujarat Cooperative Societies Rules, 1965 states that if a by-law is declared invalid by the Registrar or the Cooperative Court, the society must cease enforcing it with immediate effect. This means that once the by-law is deemed invalid, the society cannot continue to apply or enforce it in any manner.
In practice, this requirement ensures that members' rights are protected and that any unlawful or unfair by-laws are promptly rectified. For example, if a by-law related to parking allocation is found to be discriminatory or in violation of the law, the society must stop implementing it to prevent any further harm or injustice to the members.
Real-world scenarios demonstrate the importance of this provision. Suppose a society introduces a by-law restricting the use of common areas in a discriminatory manner. If this by-law is challenged and deemed invalid by the appropriate authority, the society must immediately cease enforcing it to uphold the principles of fairness and legality.
The step-by-step process for the society involves receiving official notification of the invalidation of the by-law, informing all members of the cessation of enforcement, and updating the society's records and by-laws accordingly to reflect the change.
Overall, the immediate cessation of enforcing an invalid by-law under Rule 56 ensures compliance with legal standards, protects members' rights, and upholds the principles of justice and fairness within cooperative societies.
References
Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
Related to Parking, Common Areas, and By-Laws