Short Answer

The member must show that the by-law is against the provisions of the Gujarat Cooperative Societies Act, 1961 or the Gujarat Cooperative Societies Rules, 1965.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to decide on disputes related to the by-laws of cooperative societies. If a member wishes to protest a by-law at the Registrar, they must demonstrate that the by-law in question violates the provisions of the Act or Rules. This could include showing that the by-law is discriminatory, arbitrary, or not in the interest of the cooperative society as a whole.

In practice, the member would need to submit a written complaint to the Registrar outlining the specific provisions of the Act or Rules that the by-law contravenes. The Registrar would then examine the complaint, along with the by-law in question, to determine its validity. The member may also need to provide evidence or examples to support their argument against the by-law.

For example, if a by-law is introduced that imposes unreasonable restrictions on the use of common parking areas by certain members, a member could protest this by-law by citing Section 13 of the Act and demonstrating how the by-law goes against the cooperative society's principles of equality and fair treatment.

Another scenario could involve a by-law that unfairly favors certain members in the allocation of parking spaces. In this case, the protesting member would need to show how this by-law violates the cooperative society's duty to act in the best interests of all members, as mandated by the Act.

In a step-by-step process, the member would first gather evidence and information about the disputed by-law. They would then draft a formal complaint to the Registrar, clearly stating the sections of the Act or Rules that are being violated. The Registrar would review the complaint, conduct any necessary investigations, and make a decision based on the evidence presented.

References

• Section 13 of the Gujarat Cooperative Societies Act, 1961: Official PDF