Membership and Voting Rights
How are votes handled when multiple joint owners attend – does each get a vote or only one collectively?
Written By: GatePal Analyst
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Short Answer
Each joint owner attending a meeting of a cooperative society is entitled to one vote collectively.
Detailed Explanation
Section 31 of the Gujarat Cooperative Societies Act, 1961 governs the voting rights of members. It states that in the case of joint ownership, only one vote can be exercised collectively by all joint owners present at a meeting. This means that if multiple joint owners attend a meeting, they must collectively decide on how to cast their single vote.
Furthermore, Rule 26 of the Gujarat Cooperative Societies Rules, 1965 provides additional clarity on this matter. It specifies that in the case of joint ownership, the joint owners must nominate one person amongst themselves to cast the vote on their behalf. This ensures that there is no confusion or dispute regarding the exercise of the voting right.
In practice, this rule helps streamline the voting process in cooperative societies and prevents any potential conflicts that may arise if each joint owner were allowed to cast a separate vote. It promotes unity and consensus among joint owners in decision-making processes within the society.
For example, let's consider a scenario where a property is jointly owned by three individuals and they are all members of a cooperative housing society. During a general body meeting, all three joint owners are present. As per the provisions of the Act and Rules, they must collectively decide on how to cast their single vote, either by unanimous agreement or by nominating one person to vote on their behalf.
In another scenario, if there is a disagreement among the joint owners on how to cast the vote, the society may follow a specific procedure outlined in its bylaws or seek guidance from the Registrar of Cooperative Societies to resolve the issue and ensure fair representation of all joint owners.
Reference
Section 31 of the Gujarat Cooperative Societies Act, 1961: [Official PDF]
Rule 26 of the Gujarat Cooperative Societies Rules, 1965: [Official PDF]
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