MOTIBHAI R CHAUDHARY Vs. REGISTRAR CO OPERATIVE SOC

JUDGEMENT

(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 unless expressly authorized by members of the Managing Committee at its meeting held in due course as required under the bye-laws or otherwise. The learned single Judge also granted liberty to the Federal Society and Iswarpura Milk Producers Co-operative Society Limited of village Mansa (a primary member of the Federal Society-appellant in L.P.A. No. 1447 of 2004 - hereinafter referred to as "Ishwarpura Primary Society") to move the Court for modification of the above interim order in case, the general body of the Society passes any resolution recalling any of the members of the Managing Committee or otherwise.

(2.) The above interlocutory order is passed in Special Civil Application No. 7302 of 2004 filed on 26-6-2004 by 13 members of the Managing Committee of the Federal Society seeking certain final and interim reliefs on the basis of the following facts, as averred in the petition, and subsequent developments.

(3.) Subsequent developments after filing of the petition are as under ;-