As per Bye-law No. 27(a) or MCS Act 26, a member of a co-operative housing society is permitted to resign. However, this provision appears impractical in certain real-world scenarios. Consider a situation where an individual owns a flat in the society and is dissatisfied with decisions made by the Managing Committee or the General Body. If this person resigns from membership, what are the implications? Can the society bar them from accessing their own premises? Is it empowered to liquidate their property and retain the proceeds?
In reality, ownership of the flat precedes and supersedes society membership. A discontented member is more likely to sell their flat and relocate to another society than to simply resign.
This highlights a fundamental disconnect between statutory provisions and practical realities. It is imperative to revisit and revise the Act, Rules, and Bye-laws to reflect this hierarchy and ensure legal coherence.