Introduction

Co. Operative Tribunal; Appeallate Forum

Gujarat state cooperative Tribunal is a body or authority, though not a court in the strict sense, which is invested with judicial power to adjudicate on question of law or fact affecting the rights of members and office hearers of the co-operative societies as well as cooperative society it self. The co-operative Tribunal shall consist of the president and other members as the state government appoint from time to time (section. 150).

The Tribunal shall exercise all the functions conferred on it by or under the Gujarat Cooperative societies Act, 1961 and Rules made there under. The act has conferred on it the power to hear appeal (u.s. 102 and 153(3), revision (u.s.150 (9) and review (u.s . 151). The order passed by the Tribunal in appeal or in revision or review shall be final and conclusive. The Tribunal is not a court under section 3 of the civil procedure code, 1908 and as such its order is not subject to revision by the High court under section 115 of c.p.c but under Article- 227 of the constitution, the High has power of superintendence over the Appeallate court. Hence petition under Article 226 and 227 of the constitution challenging the correctness or legality of order of the Tribunal in appeal, revision or review lies to the High Court.

As stated above, Tribunal is appeallate forum, any party aggrieved by any decision of the Board of nominees under section 101 or in an order passed under section 100, may, within two months from the date of decision or order appeal to the Tribunal (sec. 102)

Similarly, any party aggrieved by any decision or order passed by the District Registrar, Jt. Registrar, or Registrar under section 82,90,93 may within two months from the date of decision or order appeal to the Tribunal (153 (3).)

The Tribunal may call for and examine the record of the any proceeding in which appeal tics to it, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed (sec. 150(a).)

The Tribunal may, either on the application of the Registrar, or on the application of any party interested. Review its own order in any case, and pass in reference there to such order as it thinks just. (sec. 151) such application shall be made within ninety days from the date of the communication of the order of the Tribunal.

Tribunal is also a Election Tribunal for the specified societies as referred to in section 74 C and it has original jurisdiction to adjudicate election dispute pertaining to those societies. Such election petition to be presented before the Tribunal within two months after the final result of the election is declared.

In order to conduct its business smoothly and properly, the Tribunal is empowered to frame Regulations. Accordingly, the Gujarat state cooperative Tribunal Regulation, 1964 are framed and brought in operation.

  • http://india.gov.in, The National Portal of India : External website that opens in a new window
  •  Government of Gujarat : External website that opens in a new window
  • http://www.gswan.gov.in, GSWAN : External website that opens in a new window
  • digilocker.gov.in : External website that opens in a new window
  • http://vibrantgujarat.com/, Vibrant Gujarat - The Global Business Hub : External website that opens in a new window
  • Office of The Chief Electoral Officer, Gujarat State : External website that opens in a new window
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