Short Answer

Yes, a member can seek an injunction against enforcing an illegal by-law or resolution.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to adjudicate disputes related to the affairs of cooperative societies. If a member believes that a by-law or resolution of the society is illegal, they can file a complaint with the Registrar under this section. The Registrar has the authority to investigate the matter and take necessary actions, which may include issuing an injunction against enforcing the illegal by-law or resolution.

Furthermore, Rule 104 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for filing complaints with the Registrar. This rule outlines the steps to be followed by a member while lodging a complaint against any illegal activity or decision of the society. By following the prescribed procedure, a member can effectively challenge the legality of a by-law or resolution and seek appropriate remedies, including injunctions.

In practice, if a member believes that a by-law or resolution of the cooperative society is against the law or the interests of the members, they can approach the Registrar with a formal complaint. The Registrar will then investigate the matter, and if the by-law or resolution is found to be illegal, the Registrar may issue an injunction to prevent its enforcement.

Practical Examples

• Scenario 1: A member of a cooperative society discovers that a recent resolution passed by the society's board is in violation of the Gujarat Cooperative Societies Act. The member files a complaint with the Registrar under Section 91, seeking an injunction against enforcing the resolution.

• Scenario 2: A by-law of a cooperative society restricts certain members from participating in the decision-making process, which is against the principles of cooperative governance. A member challenges the legality of this by-law by filing a complaint with the Registrar under Rule 104, requesting an injunction to prevent its enforcement.

References

• Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 104 of the Gujarat Cooperative Societies Rules, 1965: Official PDF