SC: No-trust motion against co-op office-bearers only after 2 yrs in office
The Supreme Court Thursday ruled that a no-confidence motion against an office-bearer of a cooperative society can be moved only after the person in question completes two years in office.
“A motion of no confidence shall be moved only in case there is a request from one-third of the elected members of the board of governors/managing committee of the society concerned. The motion of no confidence shall be carried if it is supported by more than 50 per cent of the elected members present in the meeting,” it said.
A bench of Justices A R Dave and Kurian Joseph said if a motion of no-confidence was once defeated, a fresh motion shall not be introduced before expiry of another one year. The norms were issued as the court dismissed an appeal by Vipulbhai M Chaudhary, former chairman of Gujarat Cooperative Milk Marketing Federation, against his ouster from the office in the wake of a no-confidence motion.
Upholding the decision, the court noted: “If a person has been selected to an office through democratic process, and when that person loses confidence of the representatives who selected him, those representatives should necessarily have a democratic right to remove him.”
Source:: Indian Express