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

The actions of a society that is not registered as a cooperative housing society hold legal ambiguity, particularly when it comes to decision-making and communication with members. If the society's decisions are communicated only through informal channels like WhatsApp, without proper documentation or adherence to legal requirements, these decisions may lack enforceability.

According to the Gujarat Cooperative Societies Act, 1961, a cooperative housing society must be registered to gain legal recognition and operate according to the provisions outlined in the Act. Here are some key points to consider:

• Registration Requirement: Under Section 4 of the Gujarat Cooperative Societies Act, a society must be registered to operate legally. An unregistered society cannot invoke legal rights or enforce decisions.
• Decision-Making Process: The decision-making process should follow the norms set forth in the bylaws of a registered society, including conducting meetings, maintaining minutes, and proper documentation.
• Communication of Decisions: Decisions made in meetings must be formally documented. Circulating decisions via WhatsApp lacks the legal weight and transparency required for effective governance.
• Minutes of Meetings: Under Section 30 of the Act, minutes of meetings are crucial for maintaining an accurate record of decisions. These minutes should be signed by the chairperson and the secretary.
• Rights of Members: Members have the right to access information regarding decisions made, which is typically ensured through formal communication methods, not informal messaging platforms.
• Legal Implications: Any disputes arising from decisions communicated informally might not be upheld in a court of law, as they lack the necessary procedural legitimacy.

In conclusion, the actions of the society's committee, in this case, may not be legally binding due to the lack of registration and proper communication. It is advisable for the society to formalize its registration and adhere to legal protocols for decision-making and communication to ensure compliance with the law and protect the rights of its members.