Short Answer

In case of a tie, the chairman or any office-bearer does not have a special or casting vote under the Gujarat Cooperative Societies Act, 1961.

Detailed Explanation

Section 30 of the Gujarat Cooperative Societies Act, 1961 specifically addresses the issue of voting in meetings. It states that each member present at a meeting shall have one vote. This means that there is no provision for a special or casting vote for the chairman or any office-bearer in case of a tie. In practice, this ensures that decisions are made based on the collective will of the members present, without any individual having undue influence.

Furthermore, Rule 44 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the conduct of meetings. It emphasizes the democratic nature of cooperative societies by ensuring equal voting rights for all members. This rule reinforces the principle that decisions should be taken collectively by the members, without any preferential treatment for office-bearers.

In real-world scenarios, if a vote results in a tie, the decision may be deferred to a later meeting or alternative methods such as drawing lots or seeking consensus among members may be employed to break the tie. This ensures fairness and transparency in the decision-making process within cooperative societies.

Practical Examples

• In a cooperative society meeting with 10 members present, if a vote on a resolution results in a tie of 5-5, the chairman or any office-bearer does not have the authority to break the tie with a casting vote.

• If a crucial decision needs to be made and a tie occurs, the society may choose to revisit the issue in the next meeting to allow for further discussion and resolution.

• In the absence of a specific provision for a casting vote, cooperative societies must rely on democratic principles to reach consensus on important matters.

References

• Section 30 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]

• Rule 44 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]