Short Answer

The society can stop your voting rights but cannot terminate your membership solely based on unpaid maintenance.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of expulsion or suspension of members. This section states that a member can be expelled or suspended from the society for reasons specified in the by-laws. Unpaid maintenance is not listed as a ground for expulsion or suspension under this section. Therefore, the society cannot terminate your membership solely based on unpaid maintenance.

Rule 56 of the Gujarat Cooperative Societies Rules, 1965 provides further clarity on the matter. This rule outlines the procedure for expulsion or suspension of members. It mandates that the society must follow the due process and provide the member with an opportunity to be heard before taking any action. If the by-laws do not specifically mention unpaid maintenance as a ground for expulsion or suspension, the society cannot stop your membership.

In practice, if a member has unpaid maintenance, the society can take legal action to recover the dues. However, the society cannot unilaterally terminate the membership without following the procedures outlined in the Act and Rules. The member should be given a fair chance to present their case before any decision is made regarding their membership status.

Real-world Scenarios

• Mr. Patel has unpaid maintenance dues in his cooperative housing society. The society sends him a notice to clear the dues within a specified period. If Mr. Patel fails to pay, the society can take legal action to recover the amount but cannot expel him from the society solely based on unpaid maintenance.

• Ms. Shah is facing financial difficulties and is unable to pay her maintenance fees on time. The society initiates discussions with her to understand the situation and work out a payment plan. While her voting rights may be temporarily suspended due to non-payment, her membership cannot be terminated without following the due process.

• Mr. Desai has a history of unpaid maintenance in his cooperative society. The society holds a general body meeting to discuss the issue and decides to suspend his voting rights until the dues are cleared. However, his membership remains intact as per the provisions of the Act and Rules.

References

• Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF