Short Answer

Yes, you can demand a recount legally if the society miscounts votes in an election.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to intervene in case of disputes related to elections. If a member believes that the society has miscounted votes in an election, they can file a complaint with the Registrar under this section. The Registrar will then investigate the matter and may order a recount if necessary to ensure the election results are accurate.

Furthermore, Rule 132 of the Gujarat Cooperative Societies Rules, 1965 provides detailed procedures for filing complaints with the Registrar regarding election disputes. This rule outlines the process for submitting a written complaint, the documents required, and the steps the Registrar will take to resolve the issue. By following the procedures laid out in this rule, members can legally demand a recount if they suspect irregularities in the voting process.

In practice, if a society miscounts votes in an election, affected members should first gather evidence of the discrepancy and then file a formal complaint with the Registrar. The Registrar will then investigate the complaint, including conducting a recount if necessary, to ensure the election results are fair and accurate.

Practical Examples

• Scenario 1: In a cooperative society election, Member A suspects that their votes were not counted accurately. Member A files a complaint with the Registrar under Section 73 of the Act, requesting a recount. The Registrar investigates the matter, orders a recount, and ensures the correct results are declared.

• Scenario 2: During a society election, multiple members raise concerns about the counting process. They jointly submit a complaint to the Registrar under Rule 132 of the Rules, outlining the discrepancies observed. The Registrar reviews the complaint, conducts a recount, and resolves the issue to uphold the democratic process.

• Scenario 3: In a contentious election, where there are allegations of vote miscounting, a group of members collaborates to file a formal complaint with the Registrar. The Registrar intervenes, verifies the voting records, and orders a recount to address any inaccuracies and uphold the integrity of the election process.

References

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

• Rule 132 of the Gujarat Cooperative Societies Rules, 1965: Official PDF