VIPULBHAI M. CHAUDHARY versus GUJARAT COOPERATIVE MILK MARKETING FEDERATION LIMITED AND OTHERS

VIPULBHAI M. CHAUDHARY versus GUJARAT COOPERATIVE MILK MARKETING FEDERATION LIMITED AND OTHERS

In the absence of express statutory provision, democratic functioning requires removal of an office bearer upon loss of confidence by following the procedure used for election. Courts may read constitutional and democratic mandates into the statute to ensure such removal.

Parties
Appellant: Vipulbhai M. Chaudhary; Respondents: Gujarat Cooperative Milk Marketing Federation Limited and Others
Jurisdiction
India
Judgment Date
19 March 2015
Procedural Posture
Civil Appeal No. 3047 of 2015 Etc. / Appeal From High Court Judgment and Order Dated 10.01.2014
Outcome
Appeals dismissed
Legal Topics
Removal of Elected Office Bearers, Motion of No Confidence, Interpretation of Statutes, Democratic Functioning of Cooperative Societies
Cooperative Society Law Constitutional Law Removal of Elected Office Bearers Motion of No Confidence Interpretation of Statutes Democratic Functioning of Cooperative Societies

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Parties

Vipulbhai M. Chaudhary

Appellant

Gujarat Cooperative Milk Marketing Federation Limited and Others

Respondents

Procedural Posture

Civil Appeal No. 3047 of 2015 Etc. / Appeal From High Court Judgment and Order Dated 10.01.2014

Legal Issues

  1. 1 Whether the Chairperson/elected office bearer of a Cooperative Society can be removed by a motion of no-confidence in the absence of specific provision in the Act, Rules, or Bye-laws

Ratio Decidendi

In the absence of express statutory provision, democratic functioning requires removal of an office bearer upon loss of confidence by following the procedure used for election. Courts may read constitutional and democratic mandates into the statute to ensure such removal.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs
  • Contra views of High Courts of Andhra Pradesh, Bombay, Kerala, and Punjab & Haryana are no more good law in view of the Ninety Seventh Amendment to the Constitution