Devendra Pratap Singh and Another Vs Bar Council of U.P. Camp Office Darulsafa Lko. and 9 Others — Allahabad HC (2025) — LawSathi Research

Devendra Pratap Singh and Another Vs Bar Council of U.P. Camp Office Darulsafa Lko. and 9 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

In view of the consensus between the parties, the writ petition was disposed of finally, endorsing the consensual arrangement for the Awadh Bar Association election: Sri Sanjay Singh as Returning Officer, Sri Murli Manohar Srivastava and Sri Sanjay Mishra as Assistant Returning Officers, with the recorded timetable culminating in the election on 26 May 2025 and declaration of results by 27-28 May 2025.

Issue for consideration

Whether and how the election of the Office Bearers of the Awadh Bar Association should proceed in view of the conflicting appointments of Returning Officers by the Elders Committee and the Executive Body, which gave rise to the grievances raised in the petition.

Court's answer

With the agreement of all parties, the election of the Office Bearers of the Awadh Bar Association is to be held at the earliest in accordance with the applicable bye-laws.

Ratio / Principle

Sri Sanjay Singh (AOR No. B/S0243/2012) was agreed by all to act as Returning Officer for the Awadh Bar Association election.

Key takeaways

Sri Murli Manohar Srivastava (AOR No. B/M0765/2012) was agreed by all to act as Assistant Returning Officer.ratio¶11
Sri Sanjay Mishra (AOR No. B/S0177/2012) was agreed by all to act as Assistant Returning Officer.ratio¶12
An all-party timetable was fixed: deposit of annual subscription on 9th-10th May 2025 (10 a.m. to 5 p.m.); electoral roll to be finalized by the Elders' Committee from 11th to 14th May 2025; objections permitted on 15th May 2025; objections to be decided and list finalized on 16th May 2025; publication of the finalized list on 17th May 2025 and handover to the Returning Officer; nominations on 19th-20th May 2025; withdrawal open on 21st May 2025; scrutiny of nomination papers on 22nd May 2025; and the Returning Officers to prepare ballot papers and hold the election on 26th May 2025.

Detailed headnote1 paragraphs

Writ petition (Writ-C No. 4425 of 2025, Allahabad High Court, Lucknow Bench; order dated 8.5.2025) concerning grievances over the Awadh Bar Association election caused by conflicting Returning Officer appointments — the Elders Committee having named Sri Sanjay Singh and Sri Murli Manohar Srivastava, and the Executive Body of the Association having named Sri Sanjay Mishra, after three named Senior Advocate members of the Elders Committee recused themselves. On hearing counsel for all sides, the Division Bench (Attau Rahman Masoodi and Ajai Kumar Srivastava-I, JJ.) recorded the all-party consensus: Sri Sanjay Singh as Returning Officer and Sri Murli Manohar Srivastava and Sri Sanjay Mishra as Assistant Returning Officers; a timetable fixing subscription deposit on 9th-10th May 2025, electoral-roll finalization from 11th to 14th May 2025, objections on 15th May 2025, finalization on 16th May 2025, publication on 17th May 2025, nominations on 19th-20th May 2025, withdrawal on 21st May 2025, scrutiny on 22nd May 2025, election on 26th May 2025, and results by 27th-28th May 2025; the election to conform to the applicable bye-laws. The writ petition was disposed of finally on this consensual basis. No statute or precedent was cited; no impugned order was identified.

1

Neutral Citation No. - 2025:AHC-LKO:27055-DB

Court No. - 1

Case :- WRIT - C No. - 4425 of 2025 Petitioner :- Devendra Pratap Singh And Another Respondent :- Bar Council Of U.P. Camp Office Darulsafa Lko. And 9 Others Counsel for Petitioner :- Sushil Kumar Singh,Ayush Singh Counsel for Respondent :- Subhash Chandra Pandey,Ajaay Kumar Singh,Gaurav Mehrotra,Vishal Dixit

Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

It was informed that three Members of the Elders Committee, namely, Sri Satish Chandra Misra, Senior Advocate; Sri S.K. Kalia, Senior Advocate and Sri Kunwar Mridul Rakesh, Senior Advocate have expressed their inability either due to health conditions or otherwise, as a result of which the three senior-most Members in the order of seniority have participated in the proceedings of Elders’ Committee.

The aforesaid Committee has appointed 2 Returning Officers, namely, Sri Sanjay Singh and Sri Murli Manohar Srivastava, whereas the Executive Body of the Awadh Bar Association has appointed Sri Sanjay Mishra as the Returning Officer. This conflicting position inter alia has given rise to various grievances raised in the petition.

Having heard learned counsel for all the parties in this petition, it was agreed by all that the election of the Office Bearers of Awadh Bar Association may be held at the earliest in accordance with the bye-laws applicable. The arrangement according to which the election has been agreed to be held is summarised as under :-

The Returning Officer & Assistant Returning Officers agreed by all are named as under:-

(1) Sri Sanjay Singh … Returning Officer AOR No. B/S0243/2012

(2) Sri Murli Manohar Srivastava … Asst. Returning Officer AOR No. B/M0765/2012

(3) Sri Sanjay Mishra … Asst. Returning Officer AOR No. B/S0177/2012

The Elders Committee shall permit deposit of the annual subscription for two days, i.e., on 9^th & 10^th May, 2025 from 10 a.m. to 5 p.m.;

2

The Elders’ Committee shall finalize the electoral roll of the Members of the Awadh Bar Association as per record within next four days, i.e., from 11^th May, 2025 to 14^th May, 2025;

Objections against the electoral roll shall be permitted to be filed on 15^th May, 2025;

The Elders’ Committee shall decide the objections and finalize the list on 16^th May, 2025;

The list finalized by the Elders’ Committee shall be published on 17^th May, 2025 and handedover to the Returning Officer for holding the elections;

The Returning Officer shall schedule the date of nominations on 19^th and 20^th May, 2025, whereafter for withdrawal of nominations the opportunity may be left open on 21^st May, 2025;

The scrutiny of the nominations papers shall be made on 22^nd May, 2025 and the list of contesting candidates shall be accordingly finalized and notified on the notice board;

The Returning Officers shall thereafter ensure necessary preparation of the ballot papers etc. and schedule the date of election on 26^th May, 2025.

After holding the election on 26^th May, 2025, the result of candidates shall be declared on 27^th May, 2025 or latest by 28^th May, 2025.

In view of the consensus between the parties as above, the writ petition is disposed of finally.

[Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.]

Order Date :- 8.5.2025 lakshman

Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench