Short Answer

The final say in a common-area dispute that escalates to legal action lies with the Registrar of Cooperative Societies.

Detailed Explanation

Section 70 of the Gujarat Cooperative Societies Act, 1961 empowers the Registrar of Cooperative Societies to resolve disputes related to cooperative societies. In the case of common-area disputes, such as garden usage conflicts, if the matter escalates to legal action, the Registrar has the authority to intervene and make a final decision. The Registrar's decision is binding on all members of the cooperative society involved in the dispute.

Furthermore, Rule 88 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for filing a dispute resolution application with the Registrar. This rule specifies the necessary documents and information required to initiate the dispute resolution process. Once a dispute reaches the Registrar, they will conduct hearings, examine evidence, and ultimately issue a decision based on the merits of the case.

In practice, if members of a cooperative society cannot amicably resolve a common-area dispute, such as disagreements over garden usage rights, they can approach the Registrar for intervention. The Registrar will then investigate the matter, hear both sides, and issue a final judgment to settle the dispute. This process ensures a fair and impartial resolution to conflicts within cooperative societies.

Practical Examples

• Scenario 1: In a cooperative housing society, members are in disagreement over the allocation of parking spaces in the common area. Despite attempts to resolve the issue internally, the dispute escalates, and members decide to seek legal action. The Registrar of Cooperative Societies steps in, conducts hearings, and issues a final decision on the parking space allocation, resolving the conflict.

• Scenario 2: A cooperative society's members are at odds over the use of a community garden. Some members want to convert it into a playground, while others prefer to maintain it as a garden. As the dispute intensifies, the matter is brought before the Registrar, who reviews the case, hears arguments from both sides, and issues a binding judgment on the garden's usage, bringing clarity to the situation.

References

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

• Rule 88 of the Gujarat Cooperative Societies Rules, 1965: Official PDF