Short Answer

Society members cannot vote by proxy on by-law changes; they must attend meetings.

Detailed Explanation

Rule 138 of the Gujarat Cooperative Societies Rules, 1965 states that "voting by proxy is not allowed for by-law changes." This means that members must be physically present at the meeting to vote on any proposed by-law amendments. This rule ensures that decisions regarding by-laws are made by active participation and discussion among the members present.

In practice, this rule promotes transparency and accountability within the society. By requiring members to attend meetings in person, it encourages open dialogue and debate on proposed changes, leading to informed decision-making. Proxy voting could potentially undermine the democratic process by allowing decisions to be influenced by individuals who may not fully understand the implications of the proposed by-law changes.

Real-world Scenarios

• Scenario 1: During a society meeting, a proposal is made to amend the parking by-laws to allocate specific parking spaces to each member. Members discuss the proposal, ask questions, and then vote on the amendment. Proxy voting is not permitted, so all members must be present to participate in the decision-making process.

• Scenario 2: A member who is unable to attend a meeting where a significant by-law change is being discussed cannot delegate their voting rights to another member through a proxy. This member's absence may impact the outcome of the vote, highlighting the importance of active participation in society matters.

• Scenario 3: If proxy voting were allowed for by-law changes, it could lead to manipulation or coercion by certain members who hold multiple proxies, potentially skewing the decision-making process in favor of their interests.

References

• Rule 138 of the Gujarat Cooperative Societies Rules, 1965

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