Gaurav Vishal vs Bar Council Of Uttar Pradesh ...
2018 Latest Caselaw 2100 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?A.F.R.
 
Court No. - 29
 

 
Case :- WRIT - C No. - 28298 of 2018
 

 
Petitioner :- Gaurav Vishal
 
Respondent :- Bar Council Of Uttar Pradesh Allahabad And Another
 
Counsel for Petitioner :- Prabhakar Awasthi
 
Counsel for Respondent :- Ashutosh Dwivedi
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Shashi Kant,J.

Heard Sri Prabhakar Awasthi, learned counsel for the petitioner.

The petitioner is a lawyer by profession and is a member of the Hapur Bar Association, Hapur.

The petitioner has filed this petition for quashing of the election dated 11.5.2018 of the Hapur Bar Association and for a direction to the Bar Council of Uttar Pradesh to consider the voter list of the Hapur Bar Association and to hold fresh election accordingly.

The Hapur Bar Association, Hapur is a society registered under the Societies Registration Act, 1860. The election of its office bearers, if disputed, can be subjected to challenge either in accordance with the provisions of the aforesaid Act or in a Civil Court by means of a proper suit. The election of any society cannot be quashed in exercise of extra-ordinary jurisdiction as primarily it requires adjudication of factual aspects on the basis of evidence.

In regard to the revision of the voter list of the Hapur Bar Association and for holding fresh election, the appropriate forum for the petitioner is to take recourse to the provisions of the Act or to resolve it amicably by utilizing the good offices of the senior members of the Bar Association. The defect in the voter list of the Bar Association cannot be rectified by this Court in exercise of its discretionary power.

Any association of Advocates is competent enough to resolve its dispute on its own without intervention of the Court. The Advocates who assist the public at large in solving their problems and getting their disputes adjudicated are the best persons to solve their own disputes of the Bar in their own manner.

In view of the aforesaid facts and circumstances, the Court finds it difficult to intervene in any dispute of the Bar Association of the nature referred to above and leaves it upon the members of the Bar Association to resolve it. Accordingly, we do not deem it fit and necessary at all to exercise our discretionary power in the matter.

The writ petition is accordingly dismissed as devoid of merit with no order as to costs.

Order Date :- 23.8.2018

Brijesh