Short Answer

The cooperative court hierarchy in Gujarat consists of the following levels:

• The Deputy Registrar of Cooperative Societies acts as the first court for cooperative disputes.

• The Assistant Registrar of Cooperative Societies serves as the appellate authority against orders of the Deputy Registrar.

• The Registrar of Cooperative Societies is the final appellate authority for cooperative matters.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 establishes the cooperative court hierarchy in the state. This section outlines the structure of the cooperative courts and their jurisdiction. The Deputy Registrar of Cooperative Societies functions as the first court for cooperative disputes. Parties can file their complaints and seek redressal at this level. The Deputy Registrar has the authority to hear and decide on various cooperative matters, including disputes between members, election disputes, and other issues arising under the Act.

Moving up the hierarchy, Section 71 of the Act designates the Assistant Registrar of Cooperative Societies as the appellate authority against orders passed by the Deputy Registrar. If any party is aggrieved by the decision of the Deputy Registrar, they can appeal to the Assistant Registrar within the prescribed time frame. The Assistant Registrar reviews the case, hears arguments from both sides, and issues a decision based on the merits of the case.

At the highest level of the cooperative court hierarchy is the Registrar of Cooperative Societies, as per Section 72 of the Act. The Registrar serves as the final appellate authority for cooperative matters in Gujarat. Parties dissatisfied with the orders of the Assistant Registrar can further appeal to the Registrar. The Registrar's decision is binding and conclusive, marking the end of the appellate process within the cooperative court system.

Practical Examples

• Scenario 1: A dispute arises between two members of a cooperative society regarding the allocation of funds. They approach the Deputy Registrar of Cooperative Societies to resolve the issue.

• Scenario 2: One of the members is unhappy with the decision of the Deputy Registrar and decides to appeal to the Assistant Registrar for a review of the case.

• Scenario 3: If either party remains dissatisfied with the decision of the Assistant Registrar, they can escalate the matter to the Registrar of Cooperative Societies for a final resolution.

References

• Section 70, 71, and 72 of the Gujarat Cooperative Societies Act, 1961: Official PDF