Short Answer

State law prevails over society by-laws in case of any inconsistency.

Detailed Explanation

Section 13 of the Gujarat Cooperative Societies Act, 1961 states that the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. This means that if there is any conflict between the society's by-laws and the state law, the state law will take precedence.

In practice, this means that even if the society's by-laws have a different provision regarding voting rights, the state law will override it. For example, if the state law mandates one member, one vote system but the society's by-laws specify a different voting mechanism, the state law will prevail.

Real-world scenarios often involve disputes within cooperative societies regarding voting rights during elections or decision-making processes. In such cases, the state law will be the determining factor in resolving conflicts arising from inconsistencies between society by-laws and state law.

The step-by-step process to resolve such conflicts would involve referring to the specific provisions of the Gujarat Cooperative Societies Act, 1961 and comparing them with the relevant clauses in the society's by-laws. Any contradictions should be resolved in favor of the state law to ensure compliance and avoid legal complications.

Practical Examples

• If a cooperative society's by-laws state that each member gets two votes regardless of the state law's provision for one member, one vote, the state law will prevail.

• In a scenario where the society's by-laws allow non-members to vote in elections contrary to the state law, the state law's requirement of only members voting will take precedence.

• If the society's by-laws specify a different quorum requirement for meetings compared to the state law, the state law's quorum rules will be followed.

References

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