Short Answer

No, the matter of a society violating building rules or cooperation cannot go to a municipal court.

Detailed Explanation

Section 91 of the Gujarat Cooperative Societies Act, 1961 clearly outlines the jurisdiction of civil courts in matters concerning cooperative societies. It states that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any dispute required to be referred to the Registrar or Cooperative Court under this Act. This means that any dispute related to cooperative societies, including violations of building rules or cooperation, must be referred to the Registrar or Cooperative Court as per the Act.

Furthermore, Rule 138 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for filing complaints with the Registrar. It states that any member of a cooperative society can file a complaint with the Registrar regarding any matter connected with the society. The Registrar then has the authority to inquire into the complaint and take necessary actions as per the provisions of the Act and Rules.

In practical terms, if a society is found to be violating building rules or failing to cooperate as per the cooperative laws, the affected party or member can file a complaint with the Registrar of Cooperative Societies. The Registrar will then investigate the matter, conduct necessary inquiries, and take appropriate actions to resolve the issue. This process ensures that disputes within cooperative societies are handled efficiently and in accordance with the legal framework.

For example, if a cooperative housing society is constructing additional floors in violation of building regulations, a member can file a complaint with the Registrar citing the specific violations. The Registrar will then investigate the matter, issue notices to the society, and take necessary steps to ensure compliance with the building rules.

In another scenario, if a society is not cooperating with its members or failing to conduct meetings as required by the Act, a member can raise a complaint with the Registrar outlining the lack of cooperation. The Registrar will then intervene, mediate between the parties, and ensure that the society functions in accordance with the cooperative laws.

Overall, the Gujarat Cooperative Societies Act and Rules provide a comprehensive framework for addressing disputes and violations within cooperative societies, ensuring that matters are resolved through the appropriate legal channels without involving municipal courts.

References

• Gujarat Cooperative Societies Act, 1961: Section 91

• Gujarat Cooperative Societies Rules, 1965: Rule 138