Short Answer

Yes, the remaining joint flat owner can vote alone, provided that their name is registered in the society’s records as a joint or primary member and no written objection or voting authorization has been submitted by the absent co-owner.

Detailed Explanation

Under Section 28 of the Gujarat Cooperative Societies Act, 1961, every member of a cooperative society has one vote in the affairs of the society. In the case of joint ownership, the voting right can be exercised by one of the joint owners, as specified in the society’s records or as mutually agreed between them.

If one of the joint owners leaves the country, the remaining owner can continue to exercise the voting right on behalf of both, provided that:

Their name is duly entered in the membership register maintained under Rule 32 of the Gujarat Cooperative Societies Rules, 1965.

There is no written objection or alternate nomination filed by the co-owner who has gone abroad.

The society has not received any official instruction restricting the remaining owner from voting.

If both owners are joint members, they can mutually authorize one of them to vote on their behalf by submitting a written authorization to the society. If no such authorization is on record, the society typically recognizes the first named owner (as per the share certificate) as the eligible voter.

This approach ensures that the society’s decision-making process remains uninterrupted and that the voting rights are exercised fairly and lawfully.

Real-world Scenarios

Scenario 1: Mr. and Mrs. Patel jointly own a flat. Mrs. Patel moves abroad for work and does not submit any voting objection. Mr. Patel continues to vote on behalf of both, as his name appears first on the share certificate.

Scenario 2: Two brothers jointly own a flat. The brother living abroad gives written authorization to the one residing in India, allowing him to vote during society elections.

Scenario 3: If neither of the co-owners has clarified voting rights, the society allows the first-named owner on the share certificate to vote as per Rule 32, to prevent voting conflicts.

Reference

Section 28 of the Gujarat Cooperative Societies Act, 1961: Official PDF

Rule 32 of the Gujarat Cooperative Societies Rules, 1965: Official PDF