August 11, 2021 5:48:19 am
A division bench of the Gujarat High Court on Tuesday granted interim relief to former state home minister and former chairman of Amul Vipul Chaudhary by directing the Gandhinagar district registrar of Cooperative Societies to not proceed further on a showcause notice issued under the provisions of the Gujarat Cooperative Societies Act that sought reasons on why Chaudhary should not be disqualified from contesting any cooperative polls or holding office for the next six years.
Furing the course of hearing, Chaudhary through his legal counsels gave an undertaking that he shall not contest any elections and will neither seek nor accept any nominations to any cooperative societies, without the express permission of the court.
By way of an order of September last year by the Gandhinagar district registrar of cooperative societies, Chaudhary was removed as the member of the Administrative Committee of Charada Dudh Utpadak Sahakari Mandli. Subsequently in September 22, 2020, the district registrar issued a showcause notice to Chaudhary as to why he should not be disqualified from contesting election or to hold any office in any cooperative society, as per the provisions of Section 76B (2) of the Act, 1961.
Chaudhary was elected the chairman of the Mehsana District Cooperative Milk Producers’ Union Ltd and the same year Chaudhary was issued showcause notices on the ground of acting in a manner prejudicial to the interest of the Society. Chaudhary was removed from the post and disqualified for a period of three years from holding his office or to participate in any election in any cooperative society.
Chaudhary challenged the move and subsequently in 2017, the Supreme Court upheld the removal and disqualification for a period of three years, thus barring Chaudhary from contesting any cooperative societies’ elections until 2018. However, suppressing this fact, Chaudhary contested Charada Dudh Utpadak Sahakar Mandli’s election and was elected a member of the Managing Committee of the society in July 2017 for a period of five years.
Owing to the violation, the Gandhinagar district registrar issued showcause notice, which is now under challenge.
The division bench directed that the Gandhinagar district registrar will not proceed any further with respect to the showcause notice. The court recorded that the said relief is subject to Chaudhary’s submission that he will neither contest any election to any cooperative societies nor would be nominated by any cooperative societies without permission of the court.
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