The nasty fight which had become the sore of Indian cooperative scene came to an end on Monday with the Gujarat High Court paving way for GCMMF Chairman Vipul Chaudhary’s removal. Amul, the pride of Indian cooperative is, thankfully, back to business.
In the judgment the High Court ruled” This petition is entertained on merits. The preliminary objection of the respondents about its maintainability is rejected, for the reasons and circumstances ‘recorded in Para 9 mentioned above.
The ruling further read” On the principal contention of the petitioner, that in absence of any provision in the Gujarat Co-operative societies Act, 1961, No Confidence Motion could not have been considered and passed against him, the matter is referred to the Division Bench to consider the question as to whether, the decision of the Full Bench of this Court: in the case of Nandlal Bavanjibhai Posiya (supra), and that of the Division Bench of this Court in the case of Motibhai R.Chaudhary (supa) and that of Single judge ‘in the case of Narmadaben V.Parmar (supra), can be said to have stood impliedly overruled as perceived by this Court in the case of Babubhai Kalidas Patel Supra on the face of the reasons recorded in Para 7 as mentioned above.
In the wake of the judgment indications are that GCMMF Chairman Vipul Chaudhary will soon be relieved of his position as the head of the organization. However, he still has the option of appealing this decision before a division bench of the High Court and the highest court of the land.
The group within the GCMMF opposing Mr. Chaudhary charges that he has grossly mismanaged the affairs of the federation and his continuance at the helm would ruin the organization. There are about 30 lakh milk producers affiliated to the GCMMF and their future is at stake, Mr. Chaudhary’s critics warn.
The GCMMF had argued before the court that majority of members had supported the no-confidence motion against Chaudhary and hence it should be implemented while Chaudhary’s lawyers argued that there was no provision of passing a no-confidence motion against the chairman in the bye-laws of GCMMF, nor was there any in the Gujarat Cooperatives Society Act.
The court has also referred the petition of Chaudhary, challenging the October 25, 2013, meeting to discuss the no confidence motion against him, to the division bench on various law points. The matter will now be assigned to the concerned division bench by the Chief Justice of Gujarat High Court.
Chaudhary is also facing several charges of corruption from members of the Mehsana District Milk Producers Union. Gujarat High Court had earlier directed the state government to inquire into the allegations of corruption against Chaudhary and his close aides. The state government has already submitted an inquiry report on the allegations of corruption against Chaudhary and his close aides.