Short Answer

Yes, a society can expel a member under certain grounds specified in the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 29 of the Gujarat Cooperative Societies Act, 1961 empowers a society to expel a member for various reasons such as non-payment of dues, misconduct, or any other violation of the society's bylaws. The society must follow the due process of law and provide the member with a fair opportunity to present their case before taking any expulsion action. This section ensures that members are held accountable for their obligations towards the society and maintain discipline within the cooperative framework.

In practice, before expelling a member, the society must first issue a show-cause notice specifying the grounds for expulsion and provide a reasonable time for the member to respond. The society should also conduct a fair inquiry or hearing to consider the member's defense and then take a decision based on the facts presented. Expulsion should be the last resort after exhausting all other corrective measures.

Real-world Scenarios

• Scenario 1: Mr. A has consistently failed to pay his monthly maintenance dues to the cooperative housing society for over six months. The society issues a show-cause notice to Mr. A, asking him to explain the reason for non-payment. After considering his response, the society decides to expel Mr. A as a member due to persistent default in dues.

• Scenario 2: Ms. B is found guilty of engaging in activities that violate the society's code of conduct, causing disturbances among other members. The society conducts a disciplinary hearing where Ms. B presents her defense. Upon careful consideration, the society decides to expel Ms. B for misconduct.

Reference

• Section 29 of the Gujarat Cooperative Societies Act, 1961: Official PDF