Legal Remedies and Registrar Complaints
What issues can be directly taken to the Registrar, and which must go to the Co-op Tribunal?
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Short Answer
Issues related to disputes and grievances within a cooperative society can be directly taken to the Registrar, while matters involving the dissolution, winding up, or reconstruction of a cooperative society must be brought before the Co-op Tribunal.
Detailed Explanation
Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar to adjudicate on various disputes and grievances arising within a cooperative society. This includes matters related to elections, management, membership, and other internal conflicts. The Registrar acts as a quasi-judicial authority to resolve these issues efficiently and effectively.
On the other hand, Section 96 of the Gujarat Cooperative Societies Act, 1961 mandates that certain critical matters such as the dissolution, winding up, or reconstruction of a cooperative society must be referred to the Co-op Tribunal. The Co-op Tribunal is a specialized forum equipped to handle complex legal proceedings and decisions concerning the structural changes or termination of a cooperative society.
Practical Examples
Dispute over election results within a cooperative society - This issue can be directly taken to the Registrar for resolution under Section 70 of the Act.
Conflict regarding the expulsion of a member from a cooperative society - The Registrar has the authority to address this dispute as per Section 70.
Proposal for the voluntary dissolution of a cooperative society - Such a significant decision must be brought before the Co-op Tribunal as per Section 96 for proper legal scrutiny and approval.
Reference
Section 70 of the Gujarat Cooperative Societies Act, 1961
Section 96 of the Gujarat Cooperative Societies Act, 1961
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