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The Supreme Court has allowed the Gujarat Cooperative Milk Marketing Federation (GCMMF) to elect its new chairperson while hearing an appeal of former chairman Vipul Chaudhary, who challenged his removal by the board of directors by passing a no confidence motion against him. With this the court vacated its order for maintaining status quo with regard to election of new chairperson for the federation.
While acting on appeal of Chaudhary challenging the implementation of no confidence motion against him passed by majority of GCMMF members, a bench of Apex Court on January 15 had directed to maintain status quo with regard fresh elections.
On Monday a division bench of Justice RM Lodha and Justice Dipak Misra issued notice to GCMMF and other milk unions of the federation and have directed them to file reply to Chaudhary's petition challenging no confidence motion against him and his subsequent removal from the post. The next hearing is scheduled after four weeks.
The Court, however, added that the election of the new chairperson would be subject to the outcome of Chaudhary's appeal before them. "The Board of Directors (of GCMMF) shall elect Chairperson of the Federation. The person, so elected, shall officiate as Chairman of the Federation subject to final outcome in the special leave petitions (appeal filed by Chaudhary)," the court order stated. Last month, the GCMMF board had informed Chaudhary that he seizes to be chairman of the federation with effect from January 11. After this letter from GCMMF, Chaudhary approached the Apex Court.
The Supreme court had noted that no confidence motion has been implemented by the GCMMF managing director with effect from January 11, hence Chaudhary was no longer chairman of the federation. It did not interfere with the proceedings with regard to implementation of the order of removal of the chairman.
While passing the no trust motion against Chaudhary the GCMMF members had alleged that they were suspicious of Chaudhary's functioning and suspected that his way of administration was not in the interest of the federation. They further held that the motion was needed to safeguard the interest of three million milk producers of Gujarat.
