Short Answer

No, you cannot proceed with redevelopment if only 70% of owners agree when the law requires 75%.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 states that for any decision related to the redevelopment of a cooperative society, a minimum of 75% of the total members must agree. This means that if only 70% of owners agree, the legal requirement of 75% is not met, and therefore, the redevelopment cannot proceed as per the law. This provision is in place to ensure that a significant majority of members are in agreement before major decisions like redevelopment are undertaken.

In practice, this requirement acts as a safeguard to protect the interests of all members of the cooperative society. By setting a high threshold of 75% agreement, the law ensures that decisions like redevelopment, which can have significant financial and structural implications, are not taken lightly and have broad support among the members. This helps prevent unilateral decisions that may not be in the best interest of all members.

Real-world Scenarios

• Scenario 1: In a cooperative society with 100 members, only 70 members agree to the redevelopment plan. Since this falls short of the required 75% agreement, the redevelopment cannot proceed legally.

• Scenario 2: A cooperative society with 50 members is considering redevelopment, but only 37 members agree, which is below the 75% threshold. In this case as well, the redevelopment plan cannot move forward without the necessary majority support.

• Scenario 3: If a cooperative society attempts to proceed with redevelopment despite not meeting the 75% agreement requirement, any dissenting members could challenge the decision in court based on the provisions of Section 63 of the Act.

Reference

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF