Membership and Voting Rights

If a flat is owned jointly by two people, can both co-owners vote in meetings or elections?[2]

Yes, both co-owners of a jointly owned flat can vote in meetings or elections of a cooperative society.

Yes, both co-owners of a jointly owned flat can vote in meetings or elections of a cooperative society.

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Short Answer

Yes, both co-owners of a jointly owned flat can vote in meetings or elections of a cooperative society.

Detailed Explanation

As per Section 30 of the Gujarat Cooperative Societies Act, 1961, every member of a cooperative society, including joint owners of a flat, has the right to vote in meetings or elections of the society. This means that both co-owners of a flat are entitled to exercise their voting rights individually.

In practice, when a cooperative society holds a meeting or election, each co-owner of the flat can participate and cast their vote independently. The cooperative society must ensure that both co-owners are given the opportunity to exercise their voting rights without any discrimination.

Real-world Scenarios

  • Scenario 1: Mr. A and Mr. B jointly own a flat in a cooperative housing society. During the annual general meeting, both Mr. A and Mr. B attend the meeting and cast their votes individually on various agenda items.

  • Scenario 2: Ms. X and Ms. Y are co-owners of a flat in a cooperative society. When elections are held for the managing committee, both Ms. X and Ms. Y participate and vote for their preferred candidates.

Step-by-step process:

  • Ensure that the cooperative society's bylaws or rules do not restrict joint owners from voting individually.

  • Co-owners must attend the meeting or election in person or through authorized representatives.

  • Each co-owner should be provided with a ballot or voting mechanism to cast their vote independently.

Reference

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

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