Short Answer

The Gujarat Cooperative Societies Act, 1961 does not specifically address situations of dual membership where an individual has a flat in two different societies.

Detailed Explanation

The Gujarat Cooperative Societies Act, 1961 does not have a specific provision regarding dual membership in multiple societies. However, Section 22 of the Act deals with the eligibility criteria for membership in a cooperative society. It states that any individual who fulfills the qualifications prescribed by the society's by-laws can become a member. This means that if the by-laws of both societies allow for dual membership, an individual can hold membership in both societies simultaneously.

In practice, the by-laws of each cooperative society govern the membership criteria, rights, and obligations of members. If the by-laws of both societies permit dual membership, an individual can hold a flat in two different societies. However, conflicts may arise if the by-laws of one or both societies prohibit dual membership. In such cases, the individual may have to choose to retain membership in only one society.

Real-world Scenarios

• Mr. Patel owns flats in two different cooperative housing societies in Gujarat. Society A allows dual membership, while Society B does not. Mr. Patel must comply with the by-laws of Society B and may have to relinquish membership in Society A to avoid conflicts.

• Ms. Shah is a member of two cooperative societies due to owning flats in both. Both societies permit dual membership in their by-laws, allowing Ms. Shah to enjoy the benefits and voting rights in both societies.

• Mr. Desai faces a dilemma as he owns flats in three different cooperative societies, each with different rules on dual membership. He must carefully review the by-laws of each society to determine his membership status.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 22

• Official PDF