Petitioner sought directions for holding Bar Association elections and restraining Bar Council interference. Court disposed of petition based on assurances that election would be held expeditiously by the Elders Committee without objection from Bar Council.
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Court No. - 21 Case :- WRIT - C No. - 177 of 2022 Petitioner :- Dr. Pawan Kumar Tiwari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ratnakar Upadhyay,Salilendu Kumar Upadhyay,Sr. Advocate Counsel for Respondent :- C.S.C.,Ajay Kumar Srivastava, Amit Kumar Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The petitioner, who claims himself to be Life Member of Kanpur District Bar Association, has filed the instant writ petition interalia for the following reliefs :-
"(a) A writ order or direction in the nature of Mandamus commanding the District Administration/ District Judgeship to provide all help to the Elder Committee in holding election of the Kanpur Bar Association, and election be held as per provisions of the Model Bye-laws of the Association.
(b) An order or direction, restraining the members of the U.P. Bar Council from interfering in any manner in the election of the Kanpur Bar Association.
(c) An order or direction, for declaring any meeting or direction said to be given by the U.P. Bar Council on 23.12.2021 as null and void."
The case of the petitioner is that as per Model Bye-laws of the Kanpur Bar Association, an Elders Committee comprising of five members was constituted to hold the election of the Bar Association. It seems that an election programme was notified by the Chairman of the Elders Committee on 24.11.2021. The case of the petitioner is that he was candidate for the post of General Secretary. The petitioner as well as the other members had made complaint against the Elders Committee and thereafter it seems that on intervention of certain members of the U.P. Bar Council, a decision was taken to constitute another Elders Committee. It is also the case of the petitioner that on 17.12.2021 the election was started but due to disturbance, the casting of votes was closed at 4:30 p.m. followed by cancellation of the election by the Elders Committee. In the aforesaid backdrop, the instant writ petition has been filed for the reliefs noted above.
The petitioner has filed a supplementary affidavit annexing therewith an order passed by the Chairman, Bar Council of India dated 5.1.2022. The said order has been passed on a petition filed by the petitioner before Bar Council of India,
being aggrieved by order of Bar Council of Uttar Pradesh suspending him from practice. The Bar Council of Uttar Pradesh has been directed to conclude the proceedings after providing opportunity of hearing to the petitioner. The Elders Committee of Kanpur Bar Association was restrained from holding election of the Bar Association till the disposal of the matter pertaining to petitioner by the Bar Council of Uttar Pradesh.
Another order passed by the Chairman, Bar Council of India dated 10.2.2022 has also been filed alongwith the supplementary affidavit. The said order notes that the suspension of the petitioner be withdrawn and the Elders Committee to proceed with the election of the Kanpur Bar Association as per rules and ensure that elections are held in a fair and impartial manner.
Sri R. K. Ojha, learned senior counsel appearing on behalf of the petitioner submitted that the only grievance left is regarding not holding of the election by the Elders Committee.
Sri Amit Kumar, appearing on behalf of Bar Council of Uttar Pradesh, on instructions states that the Bar Council of Uttar Pradesh has no objection to the election of Kanpur Bar Association being held by the Elders Committee.
Sri Ajay Kumar Srivastava advocate represents the Elders Committee and he submitted that the Elders Committee will make effort to hold the election as early as possible.
Since learned counsel appearing for the Bar Council of Uttar Pradesh as well as the Elders Committee have made statement before us that they have no objection in holding the election and it would be held expeditiously, no further direction is required to be issued by us.
The petition stands disposed of in terms of the statements made by learned counsel for the Elders Committee and Bar Council of Uttar Pradesh.
Order Date :- 29.3.2022 skv
(Dr. Y. K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Digitally signed by SUNIL KUMAR VERMA Date: 2022.03.30 16:10:46 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether direction is required to be issued for holding the election of the Kanpur Bar Association given the assurances from the concerned parties.
Whether to quash the election process initiated by a different committee due to prior disturbances.
Dr. Pawan Kumar Tiwari
State Of U.P
Bar Council of Uttar Pradesh
Elders Committee
Manoj Kumar Gupta
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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