HC allows members to discuss no-trust motion against GCMMF chief

But restricts implementation of decision on no-confidence motion till after court order

A division bench of Gujarat High Court today ruled that the meeting to discuss the no-confidence motion against Gujarat Cooperative Milk Marketing Federation (GCMMF) chairman Vipul Chaudhary can be held but it cannot be implemented without order of the court.

On November 29, Justice A J Desai has admitted Chaudhary's petition challenging no-confidence motion against him proposed by 14 out of 17 members of the federation. The court had also extended the stay on the meeting called to discuss the no-trust motion till final decision on Chaudhary's petition.

This order of the single judge was challenged by GCMMF and four members unions before a division bench of Justice R R Tripathi and Justice R D Kothari.

The division bench modified the order of the single bench and ruled that federation can convene the meeting to discuss no-trust motion against Chaudhary. But the decision taken in the meeting cannot be implemented without the order of the court.

"The interim relief granted by the learned Single Judge is modified to the extent that it will be open for the appellant – Federation (GCMMF) to convene the meeting and transact the agenda item in Agenda dated 23.10.2013 (no-confidence motion) and place the same before this Court. It will be open for the appellant - Federation to take all necessary and required steps. The same shall not be implemented without prior permission of this Court," the court ordered.

Chaudhary is facing the heat by a majority of board members over mismanagement in Mehsana District Cooperative Milk Producers' Union, as well as for meeting Congress vice-chairman Rahul Gandhi with an eye on National Dairy Development Board (NDDB) top job. Mehsana Union is also headed by Vipul Chaudhary.

The Mehsana Union also came under GCMMF's attack for constant decline in milk procurement by the union and setting up 9 lakh liters per day milk processing plant, the union went ahead with establishment of 30 lakh liters per day of milk packaging plant at Daruheda (Haryana) plant with an investment of Rs. 300 crore.

As many as 14 out of 17 board members of Rs 13,700 crore GCMMF had moved a no-confidence motion against Chaudhary and had called for a special meeting on October 26 to discuss no-trust motion. The High Court had stayed the scheduled meeting on October 25 after Chaudhary filed a petition challenging the no-confidence motion against him.

Besides the no-confidence motion from member unions, GCMMF chairman Vipul Chaudhary is also facing charges of corruption from members of the Mehsana District Milk Producers Union Ltd (MDMPUL), which is also headed by him.

Gujarat High Court last week directed the state government to inquire the allegation of corruption against Chaudhary and his close aides in Mehsana Union while hearing a public interest litigation (PIL) filed by Baldev Chaudhary and Mangal Patel members of the MDMPUL.