Short Answer

No, members cannot approach the High Court directly if the Registrar is slow to act.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of the Registrar in case of default. This section empowers the Registrar to take necessary actions if there is a delay or default in complying with the provisions of the Act. The Registrar has the authority to issue orders, directions, or even supersede the committee of a cooperative society if deemed necessary. Therefore, if the Registrar is slow to act, members should first exhaust the remedies available under this section before considering approaching the High Court.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the procedure to be followed by the Registrar in case of default. This rule outlines the steps to be taken by the Registrar to rectify the default, including issuing notices, conducting inquiries, and imposing penalties if required. It is essential for members to follow this prescribed procedure before seeking intervention from higher authorities like the High Court.

In practice, if members feel that the Registrar is not acting promptly or effectively, they should first communicate their grievances in writing to the Registrar, highlighting the specific issues and requesting timely action. If the Registrar fails to address the concerns within a reasonable period, members can then explore legal options such as filing a complaint with the higher authorities or seeking legal advice on the next steps to be taken.

Overall, the Gujarat Cooperative Societies Act and Rules provide a structured mechanism for addressing delays or inaction by the Registrar, and members are encouraged to follow this process before resorting to direct intervention by the High Court.

Practical Examples

• In a cooperative society where the Registrar is delaying the approval of the annual audit report, members can formally write to the Registrar, citing Section 70 of the Act and requesting immediate action.

• If the Registrar fails to respond to complaints regarding financial irregularities within the society, members can file a formal complaint under Rule 56 of the Rules, outlining the specific instances of non-compliance.

• When the Registrar does not take action on the election process of the managing committee, members can collectively seek clarification on the delay and request a timeline for resolution as per the provisions of the Act.

References

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

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]