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Justice Paresh Upadhyay presiding over the matter held that "No illegality is found in the action of the respondent Federation( GCMMF), in considering and passing no confidence motion against the petitioner on December 5, 2013, and consequently removing him from the post of its chairperson."
The court further held that Chaudhary had no right to assert his right to continue as chairman of GCMMF as the post was statutory in nature. "Contention (of Chaudhary) could have been rejected without going into it, for the simple reason that, be it three years or five years, he cannot assert his right to be on the post, when no confidence motion is validly considered and passed against him unanimously by the Board of Directors," the court held.
The court was hearing a bunch of matters related to the removal of Chaudhary as chairman of GCMMF and the latter's appeal against the no confidence motion claiming that it was illegal as there was no such statutory provision for such a motion in laws governing the Federation. Chaudhary had demanded that no confidence motion be declared illegal and be set aside.
Last month the court while allowing implementation of no confidence motion against Chaudhary, referred his petition, challenging the October 25, 2013 meeting to discuss the no-confidence motion against him, to the division bench on various law points. The matter was decided by the division bench against Chaudhary by holding that no confidence motion can be passed against Chaudhary even in absence of statutory provisions.
The GCMMF board had last week informed Chaudhary that he seizes to be chairman of the federation with effect from January 11. The letter followed after a division bench of Gujarat High Court dismissed Chaudhary's appeal against implementation of the no confidence motion against him.
The Board of Directors of GCMMF had unanimously passed a no confidence motion against Chaudhary on December 5, 2013.
