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Supreme Court of India 2017-04-17 partly_allowed

Vipulbhai Mansingbhai Chaudhary vs State of Gujarat & Another

Bench: 2 — K.M. Joseph, Chelameswar

In Brief

The Supreme Court upheld the removal of Vipulbhai Chaudhary, Chairman of a milk producers' union, but reduced his disqualification period from six years to four years. The Court held that separate orders for removal and disqualification under the Gujarat Co-operative Societies Act are lawful, and that fresh proceedings under the disqualification provisions could be initiated after earlier proceedings were quashed for procedural defects. However, the six-year disqualification period imposed after an amendment to the statute was not retrospectively applicable to conduct predating the amendment; the maximum permissible period for Chaudhary's case was four years. The appeals of Chaudhary were dismissed, and the State's appeal was disposed of accordingly, with disqualification capped at four years.",

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Cooperative Law Administrative Law Natural Justice Statutory Powers Disqualification Procedure Public Law Statutory Interpretation

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