Short Answer

Yes, a cooperative society can evict a member if they misuse their flat for illegal activities.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 empowers a cooperative society to evict a member for violating the Act, rules, or by-laws of the society. This means that if a member is found misusing their flat for illegal activities, the society can take action to evict them. The process typically involves issuing a show-cause notice to the member, conducting an inquiry, and then passing a resolution for eviction as per the prescribed procedures.

In practice, the society needs to follow the principles of natural justice, provide the member with an opportunity to be heard, and ensure that the decision to evict is taken in a fair and transparent manner. Real-world scenarios could include cases where a member is running an illegal business from their flat, causing nuisance to other residents, or engaging in activities that are prohibited by the society's by-laws.

One practical example could be a situation where a member is found operating a gambling den from their flat, leading to disturbances in the society and affecting the peaceful living of other residents. In such a case, the society can initiate eviction proceedings against the member after following the due process as prescribed by the Act and rules.

Another example could involve a member subletting their flat to unauthorized occupants who are involved in criminal activities, thereby breaching the terms of the cooperative society. In this scenario, the society can take action to evict the member for violating the rules and regulations governing the use of premises.

Overall, the Gujarat Cooperative Societies Act provides the necessary legal framework for cooperative societies to take action against members who misuse their flats for illegal activities, ensuring the maintenance of a harmonious living environment within the society.

References

• Section 123 of the Gujarat Cooperative Societies Act, 1961: Official PDF