If society is not registered by law means as co operative housing service society and the chief of this society and committee are decide in meeting on some agenda but not putting of signed copy of society decision as circular message in whatsapp group of society members against held agenda meeting so it is legal?

Detailed Legal Analysis

If a cooperative housing society is not registered under the Gujarat Cooperative Societies Act, 1961, the decisions made by the committee and its chief during meetings may not hold legal validity, especially when it comes to communication of those decisions to members.

In India, the registration of a cooperative society is governed by the respective state cooperative societies acts. For Gujarat, this is primarily the Gujarat Cooperative Societies Act, 1961. Key points regarding the legality of the society's decisions and the communication of those decisions include:

• Registration Requirement: Under Section 7 of the Gujarat Cooperative Societies Act, it is mandatory for cooperative societies to be registered to gain legal recognition. An unregistered society lacks legal status, which could invalidate any decisions made by its committee.
• Decision Making: Even if meetings are held and decisions are made, without registration, those decisions do not have any legal backing. The rights and liabilities of the members and committee members remain ambiguous.
• Communication of Decisions: The manner in which decisions are communicated to members is also significant. While using a WhatsApp group for communication is common in contemporary society management, it cannot substitute for formal documentation or legal compliance. According to Section 20 of the Gujarat Cooperative Societies Act, proper notice and procedures must be followed for meetings and dissemination of decisions.
• Minutes of Meetings: The minutes of the meeting need to be recorded and signed by the chairman and secretary, as per the usual practices of corporate governance. This is important for accountability and transparency.
• Legal Recourse: Members of the society can challenge decisions made in unregistered societies or those communicated informally. They may approach the Registrar of Cooperative Societies or file a suit in civil court for grievances.

In summary, for a cooperative housing society to operate legally in Gujarat, it must be registered under the Gujarat Cooperative Societies Act, 1961. Decisions made in meetings should be formally documented and communicated in accordance with the law to hold legal weight. Using informal channels such as WhatsApp for significant decisions does not meet legal standards and can lead to disputes among members.