Short Answer

Yes, a member cannot lock out a tenant and leave the flat vacant as it would be considered a violation.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 prohibits any member from creating any obstruction in the use and occupation of the premises by a tenant. This means that a member cannot lock out a tenant and leave the flat vacant without proper legal procedures. In practice, this provision ensures that tenants are protected from arbitrary actions by members of cooperative societies. Violating this section can lead to legal consequences for the member.

Rule 148 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the rights and obligations of members and tenants in cooperative societies. It emphasizes the importance of respecting the rights of tenants and ensuring that they are not unlawfully deprived of their occupation of the premises. This rule provides a framework for resolving disputes between members and tenants regarding the use of premises.

In real-world scenarios, if a member locks out a tenant and leaves the flat vacant without following due process, the tenant can file a complaint with the cooperative society or the relevant authorities. The cooperative society may then take action against the member for violating the provisions of the Act and Rules. The tenant may also seek legal recourse to protect their rights and seek compensation for any damages suffered.

Practical Examples

• Mr. Patel, a member of a cooperative society, locks out his tenant without any notice and leaves the flat vacant. The tenant, Ms. Desai, files a complaint with the cooperative society citing violation of Section 61 of the Gujarat Cooperative Societies Act, 1961.

• In another case, a cooperative society takes action against a member who repeatedly locks out tenants and leaves flats vacant in violation of Rule 148 of the Gujarat Cooperative Societies Rules, 1965.

References

• Section 61 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 148 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]