HC allows review petition, says federation can meet to discuss no-confidence motion against him; but says implementation of meeting outcome will need its nod.
All eyes are now on which way the scales dip, for it may also bring an end to Vipul Chaudhary’s tenure as chairman of Gujarat Cooperative Milk Marketing Federation (GCMMF). Gujarat high court on Wednesday allowed the milk federation to convene its meeting, discuss the agenda of no-confidence against Chaudhary and take a decision, but with a rider.
As a condition to allowing the review petition moved by federation, the court directed it not to implement any decision to remove Chaudhary before taking the court’s permission.
According to sources, the meeting on Thursday is likely to discuss routine business of the federation and if majority of the board members feel a no-confidence motion can be moved. As Chaudhary does not have numbers on his side there is likelihood that the motion will be moved in the meet itself. Already majority of the district dairy unions and GCMMF members have supported the motion when it was initially moved. Chaudhary got some temporary relief by virtue of the court – in terms of stay and single judge bench order.
GCMMF, which owns the Rs13,700 crore Amul brand, is into legal tangle since 14 out of 17 of its members moved a no-confidence motion against Vipul Chaudhary on October 23. Aggrieved by the motion, Chaudhary challenged it in the HC and a single judge bench of AJ Desai ruled that in absence of any provisions under either the Cooperative Act or by-laws, the authority has no power to call such a meeting and, therefore, such motion of no-confidence is illegal.
An HC division bench comprising Justice Ravi R Tripathi and Justice RD Kothari in their oral order said: “This court is of the opinion that the learned single judge ought to have considered the aspect of balance of convenience and at the most, ought to have issued direction to the appellant to defer the implementation of the resolution, if passed against the chairperson.”
It allowed the review petition against the order of single judge and allowed federation to go ahead with the meeting to discuss the agenda of no-confidence motion against chairman. “The interim relief granted by the single judge is modified to the extent that it will be open for the federation to convene the meeting and transact the agenda item in Agenda dated 23.10.2013 and place the same before this Court. It will be open for the federation to take all necessary and required steps.
The same shall not be implemented without prior permission of this court,” order said.
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