Parking, Common Areas, and By-Laws
Can the society refuse to consider certain resolutions brought by members?
Written By: GatePal Analyst
Last Updated on
Short Answer
Yes, a society can refuse to consider certain resolutions brought by members under specific circumstances.
Detailed Explanation
Section 27 of the Gujarat Cooperative Societies Act, 1961 empowers the society to refuse to consider certain resolutions brought by members if they are deemed to be against the by-laws of the society. This means that if a resolution proposed by a member goes against the established rules and regulations of the society, the society can reject it. The by-laws of the society serve as the governing framework for its operations and member conduct.
In practice, this provision allows the society to maintain order and ensure that all decisions align with the agreed-upon rules. For example, if a member proposes a resolution to allow parking in a common area that is explicitly prohibited by the society's by-laws, the society can rightfully refuse to consider this resolution. By doing so, the society upholds its by-laws and prevents any unauthorized activities that may disrupt the harmonious functioning of the cooperative.
Real-world Scenarios
Scenario 1: A member proposes a resolution to use a common area for commercial purposes, which is prohibited by the society's by-laws. The society rejects this resolution citing Section 27 of the Act.
Scenario 2: A member suggests a resolution to change the maintenance fee structure in a way that contradicts the existing by-laws. The society refuses to consider this resolution based on the provisions of Section 27.
Reference
Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF
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