Legal Remedies and Registrar Complaints
Can society disband an AGM or SGM mid-meeting, and can that be challenged?
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Short Answer
Yes, a society can disband an Annual General Meeting (AGM) or Special General Meeting (SGM) mid-meeting, but such a decision can be challenged.
Detailed Explanation
Section 27 of the Gujarat Cooperative Societies Act, 1961 empowers the society to conduct AGMs and SGMs for various purposes like electing the committee, approving the budget, etc. However, there is no specific provision in the Act that explicitly addresses the scenario of disbanding a meeting mid-way. In practice, if a society decides to disband a meeting due to disruptions, lack of quorum, or any other valid reason, it must ensure that proper records are maintained to justify the decision. Any member who disagrees with the decision to disband the meeting can challenge it through the Registrar of Cooperative Societies.
Rule 66 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on conducting meetings, including quorum requirements, agenda, and procedures. If a meeting is disbanded, the society must follow the rules laid down in this section to ensure transparency and fairness. In real-world scenarios, a meeting may be disbanded if there is unruly behavior, legal violations, or other unforeseen circumstances that hinder the proper conduct of the meeting.
Practical Examples
Scenario 1: During an AGM, a group of members starts disrupting the proceedings, making it impossible to continue. The society decides to disband the meeting to maintain order and prevent further chaos.
Scenario 2: In an SGM, it is discovered that the quorum requirement is not met, and despite waiting, the minimum number of members does not show up. The society decides to disband the meeting as per the rules.
Reference
Gujarat Cooperative Societies Act, 1961 (Section 27): [Official PDF]
Gujarat Cooperative Societies Rules, 1965 (Rule 66): [Official PDF]
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