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Court No. 1
Writ Petition No. 6648 (MB) of 2010
Rajaswa Bar Association
Vs.
Bar Council of Uttar Pradesh and others.
Hon'ble Pradeep Kant, J.
Hon’ble Ritu Raj Awasthi, J.
Respondents are represented by their learned counsel.
With the consent of both the parties’ counsel, we dispose of the writ
petition finally.
In nutshell, it is a dispute regarding the elections of Rajaswa Bar
Association, Lucknow.
The main grievance of the petitioners is that the Bar Council is
interfering with the election process, as firstly, it stayed the elections
schedule, which was fixed in November, 2009 and thereafter, without giving
any notice, the elections said to have been conducted by the petitioners were
declared invalid.
Consequently, Bar Council directed for holding the elections out of
the voter list, which has been subsequently prepared, overruling the voter
list, which was used in 2009 elections.
Lengthy arguments have been raised from both the sides but the
action of the Bar Council in interfering with the elections or issuing the
directions for holding elections in a particular manner, out of the voter list
which, according to the Bar Council, appears to the correct, could not be
justified nor any provision under the Model Bye-Laws framed by the Bar
Council, U.P. or the Advocates Act or the Bar Council Act could be pointed
out, under which Bar Council could have interfered with the elections of a
Bar Association (Rajaswa Bar Association).
At this juncture, parties have arrived to a consensus saying that as
provided under the Bye-laws, Elders Committee be constituted by this
Court, who be authorised to get the elections conducted within the time
prescribed. The Elders Committee, so constituted, be directed to the
elections after determining the voter list in accordance with rules.
We, therefore, with the consent of the parties’ counsel, appoint the
following five persons, namely, advocates, who will form the Elders
Committee.
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1. Sri Sushil Chandra Shukla
2. Sri Badri Pal Srivastava
3. Sri Pal Singh
4. Sri Raj Kumar Shukla
5. Sri Aditya Prakash Misra
Learned counsel for the petitioners Sri G.C. Verma and Sri Rajiv
Srivastava for respondents no. 1 and 3 say that Sri Sushil Chandra Shukla
be appointed as Chairman.
We direct accordingly. Sri Sushil Chandra Shukla, Advocate is
appointed as Chairman of the Elders Committee.
The Elders Committee shall immediately take over the charge of the
Rajaswa Bar Association. The Elders Committee shall verify and scrutinize
the voter list, after giving opportunity to the parties concerned.
While determining the voter list, the Elders Committee shall ensure
that no member is enrolled in violation of Rule 6(b) of the Model Bye-
Laws, which says that an advocate shall be entitled to hold the ordinary
membership/life membership of only one Association i.e. the Association of
the court, wherein he is actively and regularly practising and necessary
declaration in this regard may be obtained.
This shall be done within a maximum period of one week from the
date of assumption of charge by the Elders Committee. Thereafter elections
shall be held within next three weeks, as per rules.
The writ petition is disposed of accordingly.
Dated: 27.7.2010
MFA