SC rejects GCMMF chief’s special leave plea

Against this,GCMMF had moved an appeal before a division bench of the HC.

Written by Express News Service | Ahmedabad | Published: December 7, 2013 4:11 am

The Supreme Court (SC) on Friday dismissed a special leave petition moved by Gujarat Co-operative Milk Marketing Federation (GCMMF) chairman Vipul Chaudhary and directed a single-judge bench of the Gujarat High Court (HC) to decide on it. SC also asked HC to decide on the no-confidence motion passed by board members of the federation against Chaudhary expeditiously by December 23.

Chaudhary had moved the petition while taking objection to an order of a division bench of HC that allowed GCMMF to hold a meeting of board members to pass a no-confidence motion against him. The board members,meanwhile,unanimously passed the no-confidence motion against Chaudhary on Thursday. And,so,Chaudhary,has taken objection to the no-confidence motion also. An SC bench heard the petition on Friday.

Advocate Amit Panchal,who represents one of the GCMMF board members who is opposing Chaudhary,said that the apex court has dismissed the petition while directing the federation to put its no-confidence motion unanimously passed against Chaudhary before the single-judge bench of HC,with which an original petition moved by Chaudhary against the meeting that was called by the board members in October is pending.

“By consent of the advocates of both the sides,SC has ordered that the federation has to place the no-confidence motion before the single-judge bench of the HC. And the single-judge bench should decide on Chaudhary’s petition and on the no-confidence motion passed by the board members on December 23 or any other early date,” said Panchal. He added that with this,the petition moved by federation and other members before the division bench of HC was disposed of.

On October 23,14 of the 17 board members of the federation had called a meeting to pass a no-confidence motion against Chaudhary. However,Chaudhary had challenged the same before HC and a single-judge bench of the court had granted him stay on the meeting. Later,the same bench had further extended the stay till final disposal of Chaudhary’s petition as an interim relief.

Against this,GCMMF had moved an appeal before a division bench of the HC. And the court had allowed it to hold the meeting and to take any decision in the same. The court,however,also put a condition that the federation would not be able to implement the decisions till the approval of the court. Also,the federation was directed to put the decisions taken in the meeting before the court.

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