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Asim Pandya, the recently ousted President of the Gujarat High Court Advocates’ Association (GHAA), has moved the Gujarat High Court to challenge the no-confidence motion passed against him last month. The motion was passed by the GHAA as Pandya refused to endorse a protest organized by some lawyers over the murder of Jamnagar-based advocate Kirit Joshi. He had disagreed with the lawyers, putting forth that boycotting their work would not be appropriate in view of the Supreme Court’s judgement laid in Krishnakant Tamrakar v. State of MP, where it was held that “strikes are in violation of law laid down by this Court”, and that “the office bearers of the associations who give call for the strikes cannot disown their liability for contempt”.
This stance was not taken well by the lawyers who subsequently approached the Vice President, Samir Dave. He called a meeting in less than a day and announced the motion to have been passed. The petitioner declared this act to be ““without jurisdiction, competence, non-est, nullity, void ab initio, contrary to the settled law, procedure and in blatant defiance of the law enunciated (judgment dated 28/3/208 paragraphs 44 to 51) by the Hon’ble Supreme Court of India.” He contended that the meeting was called without following the proper procedure i.e. the requisition had not been placed before the Managing Committee, the required quorum was not met and that a public notice had not been put up in the High Court precinct. Besides praying that this motion be held void, he also requested the Court to quash the decision of the GHAA to hold elections for the post of President. Till the time the matter is pending, Pandya stated that the General Secretary and Treasurer be in-charge of the functioning of the GHAA.
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