Short Answer

No, a member cannot be compelled to vacate later if they hold out during redevelopment voting.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 deals with the powers of the cooperative society to evict a member. According to this section, a member can be evicted only under specific circumstances such as non-payment of dues or breach of bylaws. Holding out during redevelopment voting does not fall under these grounds, therefore, the society cannot compel the member to vacate later solely based on this reason.

Furthermore, Rule 65 of the Gujarat Cooperative Societies Rules, 1965 outlines the procedure for eviction of members. This rule mandates that the society must follow a due process which includes issuing notices, providing an opportunity to be heard, and obtaining approval from the Registrar before evicting a member. Holding out during redevelopment voting does not constitute a valid reason for eviction under this rule.

In practice, if a member holds out during redevelopment voting, they retain their right to occupy the premises unless there are other legitimate reasons for eviction as per the Act and Rules. The society cannot arbitrarily force the member to vacate based solely on their stance during the voting process.

Real-world Scenarios

• Scenario 1: During a cooperative society's meeting for redevelopment, one member opposes the proposal and holds out during the voting. Subsequently, the society attempts to compel the member to vacate. However, since the member's opposition during voting is not a valid ground for eviction as per the Act and Rules, the member cannot be forced to vacate based solely on this reason.

• Scenario 2: A cooperative society initiates a redevelopment project, and one member refuses to consent to the redevelopment plan. Despite the majority of members approving the proposal, the dissenting member cannot be compelled to vacate unless there are valid reasons for eviction as per the provisions of the Act and Rules.

Reference

• Gujarat Cooperative Societies Act, 1961: Section 63

• Gujarat Cooperative Societies Rules, 1965: Rule 65