Short Answer

No, you cannot directly approach higher civil courts for enforcement if the registrar's order is not complied with.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 clearly outlines the procedure for enforcement of orders made by the registrar. According to this section, any person aggrieved by the non-compliance of the registrar's order can file an appeal to the Cooperative Tribunal within 60 days of the order. The Tribunal has the authority to enforce the order and ensure compliance.

Furthermore, Rule 77 of the Gujarat Cooperative Societies Rules, 1965 provides detailed guidelines on the procedure for filing an appeal before the Cooperative Tribunal. It specifies the format, fees, and documentation required for the appeal process. This rule ensures that the appeal is filed correctly and in accordance with the law.

In practice, approaching the Cooperative Tribunal for enforcement of the registrar's order is the appropriate and legal course of action. By following the procedure outlined in the Act and Rules, individuals can seek redressal for non-compliance and ensure that the registrar's orders are enforced effectively.

Practical Examples

• Scenario 1: A cooperative society fails to implement the registrar's order to conduct an audit of its financial records. The aggrieved party can file an appeal to the Cooperative Tribunal within 60 days for enforcement of the order.

• Scenario 2: A member of a cooperative society is denied their voting rights despite the registrar's order granting them the same. The member can approach the Cooperative Tribunal to ensure compliance with the order.

• Scenario 3: The registrar directs a cooperative society to hold elections for office bearers, but the society refuses to do so. In this case, the aggrieved parties can seek enforcement through the Cooperative Tribunal.

References

• Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 77 of the Gujarat Cooperative Societies Rules, 1965: Official PDF