The petitioner has stated that despite him sending a resignation letter, the committee did not accept it but instead passed a no confidence motion against him to malign his reputation
A petition in the Gujarat high court has sought that a no-confidence motion brought against the president of the Gujarat Bar Association be declared illegal and in blatant defiance of the law and should be set aside.
The petition filed by Asim Pandya, president of the Gujarat high court's advocates association in the court of Justice Bela Trivedi also sought the court's directions to the managing committee of the Association to take a decision on the resignation letter submitted by the petitioner (the president of the association).
The petitioner has stated that despite him sending a resignation letter, the committee did not accept it but instead passed a no confidence motion against him to malign his reputation.
As per the facts of the case, the petitioner got elected as the president of the association in 2016 and got elected unopposed for a second term on 2017.
In April 30, 2018, some members of the association sought an extraordinary general body meeting for a condolence meet of a lawyer killed outside his office in Jamnagar. In response to this, a meeting was called on May 1 which neither the petitioner (president) nor the vice-president could attend. The petition states that as per the rules, in absence of the president and vice-president a person should be nominated to chair the meeting. But in violation of the rules, the general secretary chaired the meeting and decision was taken to stay away from work.
On his return, the petitioner again called for a general body meeting on May 3, where it was brought to the notice of the members that the earlier meeting was in violation of rules and they should not go on strike. The petition states that since no member was willing to move a fresh a resolution to abstain from work the meeting was declared over. Angered by this some members passed a no confidence resolution which was signed by only 80 of the over 1000 members and then hastily called a meeting of the general body on May 4 and passed the no confidence motion against the petitioner. On May 8, the petitioner sent a letter stating that the meeting of May 4 was illegal and also sent his resignation on the same date ot the body. While the body did not accept the resignation it stated that since a no confidence motion was already passed, it need not be considered.
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