Short Answer

Yes, tenants are typically allowed to vote by proxy in cooperative societies if the owner is absent.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 allows for the provision of by-laws in cooperative societies. By-laws are rules and regulations that govern the functioning of the society, including matters related to voting rights. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 specifically addresses the issue of proxy voting. This rule outlines the procedure for appointing a proxy to vote on behalf of a member who is unable to attend a meeting.

In practice, if a tenant is a member of a cooperative society and the owner is absent during a general body meeting where voting is taking place, the tenant can appoint a proxy to vote on their behalf. The proxy must be appointed as per the guidelines set out in the by-laws of the society. This ensures that the tenant's voting rights are not compromised due to the absence of the owner.

Real-world Scenarios

• Scenario 1: Mr. Patel owns a flat in a cooperative housing society but is out of town during the annual general meeting. His tenant, Ms. Desai, who is a member of the society, appoints a proxy as per the by-laws to vote on her behalf.

• Scenario 2: A cooperative society by-law explicitly states that tenants have the right to appoint a proxy in the absence of the owner for voting purposes. This provision ensures that tenants' interests are protected even when the owner is not present.

Reference

• Section 73 of the Gujarat Cooperative Societies Act, 1961

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965