Short Answer

Yes, you can challenge the society's spending of maintenance funds if you disapprove of it.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers a member of a cooperative society to challenge any decision taken by the society, including the spending of maintenance funds, if they believe it to be unjust, oppressive, or prejudicial to the interests of the society or its members. This section provides a legal recourse for members to seek redressal in case of disagreements regarding the utilization of society funds.

Furthermore, Rule 93 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing a dispute before the Registrar of Cooperative Societies. If a member disagrees with the society's decision to spend maintenance funds on a particular item or service, they can file a complaint with the Registrar within the prescribed time frame. The Registrar will then conduct an inquiry into the matter and pass appropriate orders based on the merits of the case.

In practice, challenging the society's spending of maintenance funds involves submitting a written complaint outlining the reasons for disagreement and providing any supporting evidence. The member may also be required to attend hearings or provide further clarification during the inquiry process. The decision of the Registrar can be appealed to higher authorities if the member is not satisfied with the outcome.

Real-world Scenarios

• Scenario 1: A member of a cooperative housing society disagrees with the committee's decision to allocate a significant portion of maintenance funds towards unnecessary renovations. The member challenges this decision by filing a complaint with the Registrar under Section 73 of the Act.

• Scenario 2: A society member notices discrepancies in the utilization of maintenance funds for essential services like water and electricity. They raise their concerns with the society but are unsatisfied with the response, prompting them to file a dispute under Rule 93 of the Rules.

Reference

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

• Rule 93 of the Gujarat Cooperative Societies Rules, 1965: Official PDF