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2004 Supreme(Guj) 498

M.S.SHAH
MILK PRODUCERS CO-OPERATIVE FEDERATION LTD. – Appellant
Versus
REGISTRAR, CO-OP. SOCIETIES – Respondent


Advocates Appeared: D.PANDEY, K.S.Nanavati, MIHIR JOSHI, P.K.JANIKIRAN, S.N.THAKKAR

M. S. SHAH, J.

( 1 ) WHEN should a leader retire from the office ; when others ask - "why?" or when others ask - "why NOT?". The octogenarian leader of the dairy co-operative movement in Mehsana district, who appears to have missed the significance of the above question, has moved this Court for challenging the order dated 20th July, 2004 by which the learned single judge has restrained original respondent No. 4-Shri Motibhai R. Chaudhary (appellant in L. P. A. No. 1446 of 2004 hereinafter referred to as "the appellant") from functioning as the Chairman of respondent No. 3-Mehsana District Milk producers Co-operative Federation Limited (the Federal Society, for brevity) in view of the no-confidence motion passed against the appellant, as out of 15 members of the Managing Committee, 13 members have cast their vote in favour of the motion. The learned single Judge has further clarified that the vice-Chairman or any other person holding the office as In-charge Chairman shall continue to function as In-charge Chairman till final disposal of the petition, with a further clarification that, he shall not take any policy decision and shall not incur any expenses exceeding Rs. 2,500-00 unle



































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