Disposed

Lalit Shukla Adv. Aor No. B/L0028 and Others v. Bar Council of India , New Delhi Thru. Its Secy. and Others

Allahabad HC18 Apr 2024WPIL/281/2024

Case brief

AI extract

What is this about?

The court directed the Elders Committee of the Oudh Bar Association to take over electoral roll documents by 30.03.2024 to streamline the list and complete fresh elections by the end of April 2024, reporting completion by 02.05.2024.

What did the court decide?

Elders Committee to take over electoral roll by 30.03.2024 and conclude elections by April 2024.

Lalit Shukla Adv. Aor No. B/L0028 and Others vs Bar… — Service and Employment | Allahabad HC (2024)

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 281 of 2024

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Petitioner :- Lalit Shukla Adv. Aor No. B/L0028 And Others

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Respondent :- Bar Council Of India , New Delhi Thru. Its Secy. And Others

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Counsel for Petitioner :- Satish Chandra Kashish,Harendra Prakash Srivastava

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Counsel for Respondent :- Shailesh Kumar Pathak,Alok Saxena,Subhash Chandra Pandey

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Hon'ble Attau Rahman Masoodi,J.

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Hon'ble Brij Raj Singh,J.

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Power filed by Sri Suresh Chandra Pandey on behalf of opposite party no.8 and the power filed on behalf of opposite parties no.3 and 4 by S/Sri Neerav Chitravanshi, Mudut Agarwal, Ashish Chaturvedi and Rishikesh Dubey are taken on record.

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Supplementary affidavit filed today is also taken on record.

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The term of the executive body of the Oudh Bar Association has since expired on 05.02.2024, therefore, fresh elections are to be held to constitute a legitimate body so as to run the affairs of the Oudh Bar Association and administer the day-to-day working of the Bar Association, of which there are presently thousands of members.

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We are pained to notice that the outgoing executive body could not timely constitute its successor body in terms of the by-laws despite availing the extension of term upto 04.03.2024 with the approval of the Elders Committee. This is a sad state of affairs. Any outgoing executive committee of the Oudh Bar Association henceforth must ensure that the succeeding executive body is constituted by taking appropriate steps as are required according to the by-laws. A peculiar situation has thus cropped up and we do not attribute the lapse to anyone at this stage. By virtue of Rule 18 of the

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Rules applicable to the constitution of the executive body of Oudh Bar Association, the authority to constitute the succeeding executive committee of the Oudh Bar Association has since vested in the Elders Committee, therefore, it is expected that the Elders Committee will step into action and complete the election process by streamlining the electoral roll and by setting out the schedule of election at the earliest.

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Leaving aside all the confusions, it is acceptable to all that three members namely, Dr. Ashok Nigam, Senior Advocate, Sri Mohd. Arif Khan, Senior Advocate and Sri Kapil Dev, Senior Advocate are the active members amongst the five, out of whom Sri S.K. Kalia, Senior Advocate and Sri Kunwar Mridul Rakesh, Senior Advocate are not keeping good health. These two members of the Elders Committee are unable to extend their active participation in the conduct of election process.

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The Elders Committee comprising of the aforesaid active members, therefore, shall take over the necessary documents pertaining to electoral roll on or before 30.03.2024. The Returning Officers appointed by the general body or by the Elders Committee both shall hand over the relevant documents of membership of the Oudh Bar Association to the Elders Committee within the aforesaid deadline and they shall cease to undertake any further process. The Elders Committee alone shall proceed to streamline the electoral roll on taking over the record of membership provided to them by the outgoing General Secretary as well as the returning Officers viz. Ranjana Agnihotri and Sri Yashovardhan Swaroop. It is left open to the Elders Committee to finalise the electoral roll and thereafter proceed to notify the election.

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The Elders Committee after taking over the

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possession of the relevant documents regarding the electoral roll, shall step into the process of finalising the list, which in any case, shall be concluded at the earliest, so that the election process is brought to its conclusion by the end of April, 2024. As soon as the election process is completed, the Elders Committee shall entrust the administration to the newly elected executive committee as per the schedule fixed.

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Let a report as to the completion of election process, be submitted to this Court on 02.05.2024 by the Elders Committee.

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This order has been passed with the consent of all the parties.

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List this petition on 02.05.2024.

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(Brij Raj Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 22.3.2024 Rao/-

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Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench

Lalit Shukla Adv. Aor No. B/L0028 and Others v. Bar Council of India , New Delhi Thru. Its Secy. and Others

Case brief

What is this about?

What did the court decide?

Lalit Shukla Adv. Aor No. B/L0028 and Others v. Bar Council of India , New Delhi Thru. Its Secy. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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