Membership and Voting Rights
If a court order affects society membership (like divorce), how is it handled?
Written By: GatePal Analyst
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Short Answer
In case a court order impacts society membership due to reasons like divorce, the Gujarat Cooperative Societies Act, 1961 provides provisions to address such situations.
Detailed Explanation
Section 27 of the Gujarat Cooperative Societies Act, 1961 deals with the expulsion of members. If a court order affects the membership status of an individual due to reasons like divorce, the society may consider taking action as per this section. This section allows for the expulsion of a member under certain circumstances, which may include situations where the member no longer fulfills the eligibility criteria for membership.
Furthermore, Rule 23 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for the expulsion of members. This rule provides a detailed process that the society must follow when expelling a member, ensuring that the member is given a fair opportunity to present their case before any final decision is made.
In practice, if a court order impacts the membership of an individual, the society would need to follow the procedures laid out in Section 27 of the Act and Rule 23 of the Rules. The society would need to provide the member with a notice of expulsion, giving them a chance to respond and present their side of the story. The decision to expel a member would need to be taken by the society in accordance with the provisions of the Act and Rules.
Real-world Scenarios
A couple who are joint members of a cooperative society get divorced, and the court order specifies that one of them is no longer entitled to the membership. The society can initiate the expulsion process as per Section 27 of the Act and Rule 23 of the Rules.
A member of a society is involved in a legal dispute that results in a court order affecting their membership status. The society follows the procedures outlined in the Act and Rules to address this situation fairly.
References
Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF
Rule 23 of the Gujarat Cooperative Societies Rules, 1965: Official PDF
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