HC allows GCMMF to go ahead with no-trust against chairman

The Gujarat High Court (HC) on Monday allowed Gujarat Co-operative Milk Marketing Federation (GCMMF) to implement a no-confidence motion passed by its board members against its chairman Vipul Chaudhary. At the same time, the court has stayed its own order till January 11, following a request by Chaudhary's lawyers that they want to challenge the order before a division bench of the court.

A single-judge bench of HC, comprising Justice Paresh Upadhyay, passed an order in this regard while also referring a legal issue — whether the board members could pass the no-confidence motion against the federation chairman or not in absence of a legal provision in that regard — to a division bench.

Chaudhary's counsel, B B Naik, said that the court has allowed GCMMF to implement the no-confidence motion. "However, since we wanted to challenge the order before a division bench of the court, the single-judge bench has stayed its own order till January 11, by when we have to move the appeal. We will move the appeal in a day or two," Naik said.

He added that the court, meanwhile, has referred the legal issue — whether the board members of the federation could move a no-confidence motion against its chairman in absence of a legal provision to that effect. "The reference will now be referred to a division bench of HC to independently decide the issue," he said.

The issue has already witnessed multiple litigations at different courts, including the Supreme Court. On October 23, 14 of the 17 board members of the federation had called the 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 court had further extended the stay till final disposal of Chaudhary's petition as an interim relief.

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