The Single Judge dismissed the writ petition challenging the Rajasthan High Court Bar Association's decision to postpone elections, holding the matter was already under active consideration by the Division Bench.
Petitioner directed to approach the Division Bench via application in the PIL.
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S.B. CIVIL WRIT PETITION NO.12348/2014 (Ram Manohar Sharma Vs. The Bar Council of Rajasthan & Ors.)
(1)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.12348/2014 (Ram Manohar Sharma Vs. The Bar Council of Rajasthan & Ors.)
Date of Order : 17.11.2014
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Ram Manohar Sharma, petitioner in person. BY THE COURT
This petition challenges the decision dated 16.10.2014 taken by the Rajasthan High Court Bar Association, Jaipur for postponing the elections to the Rajasthan High Court Bar Association, Jaipur earlier initiated pursuant to the notification dated 07.10.2014.
I have heard the petitioner in person and perused the impugned decision dated 16.10.2014.
Aside of the question as to whether the writ petition seeking a direction against the Rajasthan High Court Bar Association, Jaipur which is apparently not a State within the meaning of Article 12 of the Constitution of India is at all maintainable, it has also been noticed that the issue of the said election, in the context of the eligibility of the Advocates to participate in the elections for more than one Bar Association, is under active consideration of the Hon'ble Division Bench of this
S.B. CIVIL WRIT PETITION NO.12348/2014 (Ram Manohar Sharma Vs. The Bar Council of Rajasthan & Ors.)
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Court in D.B. Civil Writ Petition (PIL) No.18688/2013. The impugned decision has been taken by the Rajasthan High Court Bar Association, Jaipur in terms of observations of the Hon'ble Division Bench in its order dated 16.10.2014 in the aforesaid PIL. In my considered opinion, the petitioner cannot be allowed to open another battle ground with regard to the issue of election to the Rajasthan High Court Bar Association, Jaipur as the matter is already under active consideration of the Hon'ble Division Bench in the context of the judgment of the Hon'ble Apex Court in the case of Supreme Court Bar Association & Ors. Vs. B.D. Kaushik [(2012) 6 SCC 152] and Bar Association of Rajasthan Rules, 2013.
Consequently, I would dismiss this petition as not being maintainable before a Single Judge. The petitioner shall however be at liberty to approach the Hon'ble Division Bench by way of an appropriate application in the aforesaid PIL before it.
Stay application needs no address in view of the petition itself having been dismissed.
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.
1 issue framed by the court
Whether the writ petition challenging the postponement of Bar Association elections is maintainable before a Single Judge.
Colour shows how this judgement treated each authority
Supreme Court Bar Association & Ors. Vs. B.D. KaushikReferred¶14
Supreme Court Bar Association & Ors. Vs. B.D. Kaushik [(2012) 6 SCC 152] · Who else cites this
Ram Manohar Sharma
The Bar Council of Rajasthan & Ors.
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
