Membership and Voting Rights

Can an associate or sympathiser member vote in elections or be on the committee?[7]

An associate or sympathizer member typically does not have voting rights in elections or the right to be on the committee of a cooperative society.

An associate or sympathizer member typically does not have voting rights in elections or the right to be on the committee of a cooperative society.

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Short Answer

An associate or sympathizer member typically does not have voting rights in elections or the right to be on the committee of a cooperative society.

Detailed Explanation

Section 28 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of associate or sympathizer members. This section states that an associate member may not have the right to vote in elections or be on the committee unless the bylaws of the society specifically allow for it. In practice, this means that unless the society's bylaws explicitly grant voting rights or committee membership to associate or sympathizer members, they are not entitled to such privileges.

Furthermore, Rule 14 of the Gujarat Cooperative Societies Rules, 1965 provides additional guidelines regarding the rights and privileges of associate members. This rule emphasizes the importance of the society's bylaws in determining the rights of associate members, including their eligibility to vote or hold positions on the committee. Therefore, it is crucial for the society to clearly outline the rights and limitations of associate members in its bylaws.

Real-world Scenarios

  • Scenario 1: A cooperative society's bylaws explicitly state that associate members do not have the right to vote in elections or be on the committee. In this case, associate members cannot participate in the electoral process or hold positions on the committee.

  • Scenario 2: Another society's bylaws allow associate members to vote in elections but do not permit them to be on the committee. Here, associate members can exercise their voting rights but cannot become committee members.

  • Scenario 3: If a society's bylaws are silent on the voting and committee membership rights of associate members, they are likely not entitled to such privileges unless the bylaws are amended to explicitly grant them.

Reference

  • Section 28 of the Gujarat Cooperative Societies Act, 1961

  • Rule 14 of the Gujarat Cooperative Societies Rules, 1965

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