VIPULBHAI M CHAUDHARY - CHAIRMAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of filing the Special Civil Application No.16575 of 2013 the petitioner, who is Chairman of Mehsana District Cooperative Milk Producers Union Limited, which is one of the 17 members of Gujarat Cooperative Milk Marketing Federation, Anand (respondent No.3 in the petition) and who is also the Chairman of respondent No.3 Federation, has prayed to issue a writ mandamus, prohibition or any other appropriate writ, order or direction directing the Federation not to convene the meeting on 26.10.2013 in which the Managing Director of the Federation has moved a no confidence motion against him, since there is no statutory provisions under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the Act, 1961) read with the Gujarat Cooperative Societies Rules, 1965 (hereinafter referred to as the Rules, 1965) or under the Bye -Laws of the Federation.

(2.) THE matter was placed for hearing for the first time on 25.10.2013 before the Coordinate Bench of this Court (Coram: C.L. Soni, J.). After hearing the learned Advocates appearing for the respective parties, Notice was issued which was made returnable on 11.11.2013. The relevant para -6 of the said Order is reproduced here -in -below:

(3.) PURSUANT to issuance of Notice and granting ad -interim relief, the respondent No.3 - Federation filed its affidavit -in -reply and opposed the admission of petition as well as granting any interim relief. Some of the members of the Respondent No.3 - Federation circulated Civil Application Nos. 12247 of 2013 and 12093 of 2013 and prayed that they may be joined as party respondents in the petition which have been allowed by this Court by Order dated 21.11.2017. The newly added respondents have also filed their affidavit -in -reply.