Legal Remedies and Registrar Complaints
What relief can the co-op court grant (for example, removal of committee, compensation)?
Written By: GatePal Analyst
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Short Answer
The cooperative court, under the Gujarat Cooperative Societies Act, 1961, can grant various reliefs such as removal of the committee, compensation, injunctions, and other appropriate remedies.
Detailed Explanation
Section 91 of the Gujarat Cooperative Societies Act, 1961 empowers the cooperative court to grant relief in various situations. This includes the power to remove the committee of a cooperative society if they are found to be acting against the interests of the society or its members. The court can also order compensation to be paid by the committee members for any losses caused to the society due to their actions.
Furthermore, Rule 161 of the Gujarat Cooperative Societies Rules, 1965 provides the procedure for filing complaints with the Registrar of Cooperative Societies. If a member or group of members feel aggrieved by the actions of the committee or any other members of the society, they can file a complaint with the Registrar seeking appropriate relief. The Registrar has the authority to investigate the matter and take necessary actions to resolve the dispute.
In practice, if a cooperative society committee is found to be mismanaging the affairs of the society, the members can approach the cooperative court for relief. The court may order the removal of the committee and appoint a new one to ensure proper functioning of the society. Additionally, if the committee's actions have caused financial losses to the society, the court can order them to pay compensation.
ractical Examples:
Scenario 1: The committee of a cooperative housing society is found to be embezzling funds meant for maintenance. The members file a complaint with the Registrar seeking removal of the committee and compensation for the losses incurred.
Scenario 2: A cooperative society committee is involved in fraudulent activities leading to a decline in property values. The cooperative court grants relief by removing the committee and ordering compensation to affected members.
Scenario 3: A committee of a cooperative credit society is not conducting regular audits, leading to financial irregularities. The court intervenes, removes the committee, and appoints a new one to ensure transparency and accountability.
References
Section 91 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 161 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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