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2014 Supreme(Guj) 324

PARESH UPADHYAY
VIPULBHAI M CHAUDHARY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared
MR B.B.NAIK, SENIOR ADVOCATE WITH MR P.S.CHAMPANERI, ADVOCATE for the Petitioner
GOVERNMENT PLEADER for the Respondents No.1-2 – State
MR S.N.SHELAT, SENIOR ADVOCATE
FOR NANAVATI ASSOCIATES for the Respondent No.3
MR B.S.PATEL, ADVOCATE for the Respondents No.4, 6 & 7
MR AMIT PANCHAL for MS SHIVANI RAJPUROHIT for Respondent No.5

JUDGMENT

1. The petitioner, the Chairperson of Respondent No.3 - Gujarat Co-operative Milk Marketing Federation Limited, Anand, has challenged the action of the Managing Director of the respondent Federation, of calling the meeting of the Board of Directors on 26.10.2013 to consider the No Confidence Motion moved by the majority of the Board of Directors against him, and all subsequent actions, including passing of the said No Confidence Motion on 05.12.2013 and his consequential removal from the said post.

2.1 The challenge to the consideration and passing of the said No Confidence Motion against the petitioner on 05.12.2013, is principally on the ground that, there is no such provision in the Gujarat Co-operative Societies Act, 1961 and in absence of any specific provision in the statute in that regard, the same could not have been done. There are other ancillary issues also, but principally, the controversy in this petition is as stated above.

2.2 Whether in absence of any provision in the statute, No Confidence Motion can be brought against any elected office bearer or not, is already answered by this Court in three different decisions, the details of which are as under :

(i) Na




























































































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