HC allows GCMMF to go ahead with no-trust against chairman
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A single-judge bench of HC, comprising Justice Paresh Upadhyay, passed an order in this regard while also referring a legal issue — whether the board members could pass the no-confidence motion against the federation chairman or not in absence of a legal provision in that regard — to a division bench.
Chaudhary's counsel, B B Naik, said that the court has allowed GCMMF to implement the no-confidence motion. "However, since we wanted to challenge the order before a division bench of the court, the single-judge bench has stayed its own order till January 11, by when we have to move the appeal. We will move the appeal in a day or two," Naik said.
He added that the court, meanwhile, has referred the legal issue — whether the board members of the federation could move a no-confidence motion against its chairman in absence of a legal provision to that effect. "The reference will now be referred to a division bench of HC to independently decide the issue," he said.
The issue has already witnessed multiple litigations at different courts, including the Supreme Court. On October 23, 14 of the 17 board members of the federation had called the meeting to pass a no-confidence motion against Chaudhary. However, Chaudhary had challenged the same before HC and a single-judge bench of the court had granted him stay on the meeting. Later, the court had further extended the stay till final disposal of Chaudhary's petition as an interim relief.
Against this, GCMMF had moved an appeal before a division bench of the HC. And the court had allowed it to hold the meeting and to take any decision on the same. The court, however, also put a condition that the federation would not be able to implement the decisions till the approval of the court. Also, the federation was directed to put the decisions taken in the meeting before the court.Following this, on December 5, the GCMMF board had unanimously passed the no-confidence motion against Chaudhary and put that before a single-judge bench of HC that was hearing Chaudhary's original petition.
Meanwhile, Chaudhary had approached SC against the HC order. However, the SC had dismissed the petition while ordering to put the no-confidence motion passed against Chaudhary before the single- judge bench of HC before which Chaudhary's original petition was pending. The apex court had also directed HC to dispose of the matter expeditiously.
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