Membership and Voting Rights
If there’s a dispute over membership (like fraud), which legal forum should be approached?
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Short Answer
In case of a dispute over membership, particularly involving fraud, the legal forum that should be approached is the Registrar of Cooperative Societies under the Gujarat Cooperative Societies Act, 1961.
Detailed Explanation
Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to resolve disputes related to membership. This section states that any dispute regarding membership or management of a cooperative society can be referred to the Registrar for decision. The Registrar has the authority to inquire into such disputes and pass orders to resolve them.
In practice, if there is a dispute over membership, such as allegations of fraud in the admission of a member or wrongful termination of membership, the affected party can file a complaint with the Registrar of Cooperative Societies. The Registrar will then conduct an inquiry, hear both sides, and make a decision based on the evidence presented.
Real-world Scenarios
Scenario 1: A cooperative society member alleges that fraudulent means were used to admit a new member without following the proper procedures. The aggrieved member can approach the Registrar of Cooperative Societies to investigate the matter and take necessary action.
Scenario 2: A dispute arises within a cooperative society regarding the termination of a member's membership on grounds of fraud. The concerned member can seek redressal by filing a complaint with the Registrar, who will intervene to resolve the dispute.
Scenario 3: If there are disagreements over the voting rights of certain members due to fraudulent practices or misrepresentation, the Registrar can intervene to ensure fair and transparent voting processes within the cooperative society.
Reference
Section 70 of the Gujarat Cooperative Societies Act, 1961: Official PDF
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