Short Answer

If the developer's nominee on the committee makes a decision against members' interest, the members can take recourse under Section 73 of the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to resolve disputes arising within the cooperative society. In this scenario, where the developer's nominee acts against the members' interest, the affected members can file a complaint with the Registrar seeking intervention. The Registrar will then investigate the matter and take necessary actions to protect the members' rights and interests.

Additionally, Rule 81 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the functioning of the committee and the conduct of its members. If the developer's nominee is found to be acting against the members' interest, the committee can take disciplinary actions against the nominee as per the rules.

Practical Examples

• In a cooperative housing society, the developer's nominee on the committee proposes a significant increase in maintenance fees without valid reasons, burdening the members. The affected members can file a complaint with the Registrar under Section 73 for intervention and resolution.

• In a cooperative credit society, the developer's nominee misuses funds for personal gain, causing financial losses to the members. The affected members can seek redressal by lodging a complaint with the Registrar under Section 73 for appropriate action.

• In a cooperative agricultural society, the developer's nominee manipulates the election process to retain control over the committee, disregarding the members' democratic rights. The aggrieved members can approach the Registrar under Section 73 to address the issue and ensure fair governance.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 81 of the Gujarat Cooperative Societies Rules, 1965: Official PDF