Parking, Common Areas, and By-Laws

Is there a procedure to legally veto a new by-law resolution?

Yes, there is a procedure to legally veto a new by-law resolution.

Yes, there is a procedure to legally veto a new by-law resolution.

Written By: GatePal Analyst

Last Updated on

Short Answer

Yes, there is a procedure to legally veto a new by-law resolution.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 provides the members of a cooperative society with the right to object to any proposed by-law resolution. If a member wishes to veto a new by-law resolution, they must submit a written objection to the society within a specified time frame, usually before the resolution is put to a vote. The society must then consider the objection and may either withdraw the resolution or proceed with it despite the objection.

In practice, this means that if a member disagrees with a proposed by-law resolution, they have the opportunity to formally voice their objection in writing. The society's governing body will review the objection and decide on the next steps, which could include amending the resolution, holding discussions with the objecting member, or proceeding with the resolution as planned.

Real-world Scenarios

  • Scenario 1: A cooperative society proposes a new by-law requiring all members to pay an additional maintenance fee. One member believes this is unfair and submits a written objection citing reasons for their disagreement.

  • Scenario 2: A by-law resolution is put forward to change the parking allocation system in a cooperative society. Some members feel this will cause inconvenience and collectively submit objections to the society.

Step-by-step process:

  • Member receives notice of proposed by-law resolution.

  • Member drafts a written objection outlining reasons for disagreement.

  • Member submits objection to the society within the specified time frame.

  • Society reviews the objection and decides on the course of action.

References

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

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