Allahabad High Court
Rajeev Sonkar Adv. And Others vs Bar Council Of U.P. Thru. Its ... on 2 March, 2023
Bench: Sangeeta Chandra, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 3
Case :- WRIT - C No. - 1437 of 2023
Petitioner :- Rajeev Sonkar Adv. And Others
Respondent :- Bar Council Of U.P. Thru. Its Chairman And Others
Counsel for Petitioner :- Eshita Bhasin,Akhilesha Nand Pandey,Kshitij Mishra,Ramendra Kumar Yadav,Sr. Advocate,Vipul Shukla
Counsel for Respondent :- Aasif Razzaque Khan,C.S.C.,Subhash Chandra Pandey
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Manish Kumar,J.
1. Heard Sri Sanjay Bhasin, learned Senior Advocate, assisted by Ms. Eshita Bhasin, learned counsel for the petitioners, Shri Rama Shankar Singh, learned counsel for the respondent no. 12, Shri Subhash Chandra Pandey, learned counsel for the Bar Council of U.P. and learned Standing Counsel on behalf of respondent no. 2.
2. This Court had passed a detailed order on 22.2.2023, for convenience the same is being quote herein-below:
"1. Heard Sri Sanjay Bhasin, learned Senior Advocate, assisted by Ms. Eshita Bhasin and Sri Vipul Shukla, learned counsel for the petitioners, Sri Aasif Razzaque Khan, learned counsel for the respondent no.1, learned Standing Counsel appearing on behalf of the respondent no.2 and Mohd. Idrees, who has been arrayed as respondent no.13 in the array of parties.
2. This petition has been filed with the following main prayer:-
"1. Issue a writ, order or direction in the nature of mandamus directing the OP No.4 to constitute an Elders Committee strictly in accordance with Rule 7 of the Model Bye-laws.
2. Issue a writ, order or direction in the nature of mandamus directing the Elders Committee to conduct fresh elections of the Governing Council, CBA for the term of 2022-23, in accordance with the Model Bye-laws strictly adhering to the principal of "One Bar One Vote".
3. It has been submitted by learned Senior counsel appearing on behalf of the petitioners that this Court in Writ Petition No.26456 (M/S) of 2018: Brajesh Kumar Yadav Vs. Bar Council of U.P. Through Secretary and others, had constituted an Elders Committee consisting of five members by its order dated 11.08.2018. Thereafter, elections were held and an Executive Committee of the Central Bar Association was formed, whose tenure has been expired and fresh elections are due to be held as per the schedule published in this regard on 15.02.2023, however such schedule has been published by the alleged Chairman of the Elders Committee constituted without jurisdiction by the outgoing President of the Central Bar Association Sri Sunil Kumar Dwivedi.
4. It is the case of the petitioner that under the Model Bye-laws framed by the Bar Council of U.P., the Elders Committee shall consist of five senior members amongst members of the Bar Association actively participating in that Court and seniority shall be determined from the date of enrollment as an Advocate by the Bar Council who had rendered ten years of regular practice and are continuing as regular practitioners of that Court.
5. Learned counsel for the petitioners has pointed out from the list filed as annexure-4 to the petition, which is an extract of the members on the Advocate Rolls, that there are several other senior members who are actively practicing in the District Court and their names are missing from the seven members Elders Committee constituted without jurisdiction on 13.02.2023.
6. Learned counsel for the petitioner is directed to serve notice upon the respondents both ways within a week and file an affidavit of service before this Court within the same time.
7. List this case on 02.03.2023 at 02:15 p.m. as fresh.
8. It is clarified that this Court has not interfered in the election schedule that was published on 15.02.2023, a copy of which has been filed as annexure-9 to the petition."
3. Today, an affidavit of service and a supplementary affidavit have been filed by the learned counsel for the petitioners and the counter-affidavit has been filed on behalf of respondent no.12.
4. Shri Subhash Chandra Pandey, learned counsel has pointed out that it is not necessary for respondent no. 1 to file any counter affidavit as the main contention of the learned counsel for the petitioners is that under the Model Bye-laws, which the Bar Council of U.P. has itself has framed, an Elder's Committee has to be constituted of five senior most members of Association actively participating in that Court and so far as the District Court is concerned, the seniority of the members would be determined taking into account the date of enrollment as an Advocate by the Bar Council who had rendered ten years of regular practice and are continuing as regular practitioners of that Court and that is senior most member of the Committee would be Chairman.
5. It is the case of the petitioners that such Elders Committee has envisaged in the Bye-laws is a perpetual Committee which does not stand dissolved on elections having been concluded and Executive Committee being elected, thereafter, the said Elders Committee is being perpetual in its existence just stands eclipsed on the elections of the Executive Committee and will take over as soon as the tenure of the Executive Committee of elected members is over.
6. An Executive Committee was constituted by this Court by its order dated 11.12.2018 in Writ Petition No.26456 (M/S) of 2018: Brajesh Kumar Yadav Vs. Bar Council of U.P. Through Secretary and others, which continue to function till the elections were held and the Executive Committee with the President as General Secretary was elected, however, the tenure of such elected members of the Executive Committee came to an end and now the Elders Committee constituted by this Court by its order dated 11.12.2018 and have taken over, however, the respondent i.e. the outgoing President Shri Sunil Kumar Dwivedi, outgoing General Secretary Shri Brajesh Kumar Yadav passed on order on 7.7.2022 dissolving the Elders' Committee constituted by this Court by its order dated 11.12.2018 without any authority in law.
7. Shri Brajesh Kumar Yadav, advocate is present in Court and submits that he has not signed any such notice, a copy of which has been filed as Annexure CA-4 to the petition. Even the copy that has been filed before this Court in the counter-affidavit does not contain his signature, also it does not have any letter number indicating in it.
8. Although Shri Rama Shankar Singh, learned counsel has tried to dispute the contention of Shri Brajesh Kumar Yadav, advocate that he did not sign the notice filed as contained in Annexure CA-4 to the petition. This Court is not inclined to give any credence to the argument raised by Shri Rama Shankar Singh, learned counsel as he has not disputed the identity of Shri Brajesh Kumar Yadav, advocate who has appeared before this Court disputing any signature on any such notice as has been filed as Annexure CA-4 to the petition.
9. This Court has perused the Model Bye-laws for the Bar Associations and it does not have any regulation in it which says that Elders Committee once constituted shall stand dissolved as soon as elected members of the Executive Committee take over and after every completed tenure of such elected members of the fresh Elders Committee shall be constituted.
10. Learned counsel for the petitioner has submitted that the undisputed elders, as per the Bar Association Registration, have given their consent and willingness to act as Members of the Elders Committee, copies of such consent letters have been filed along with the supplementary affidavit filed today.
11. It has also been submitted that on 21.2.2023, 174 members of the Central Bar Association against the arbitrary constitution of the new Elders' Committee on 13.2.2023 by the outgoing President of the Executive Committee chaired by the outgoing President, a copy of list of such members who attended the meeting along with their mobile numbers and other identification have been filed as Annexure 13 to said supplementary affidavit.
12. This Court has gone through Paragraph 2 and table mentioned in the aforesaid supplementary affidavit, containing seven names of senior most Members of the Central Bar Association who are said to be actively practicing in the District and Session Court, Lucknow, however, this Court finds that the main contention of the petitioners themselves is that a Committee had been constituted by this Court on 11.10.2018 in Writ Petition No.26456 (M/S) of 2018 as aforesaid, such Committee should be allowed to continue and to take over charge from the current Elders Committee constituted arbitrarily by the outgoing President.
13. This writ petition is disposed of with the direction that the Elders' Committee constituted on 11.10.2018 which Sri Gopal Narain Mishra as Chairman; Sri Anil Pratap Singh, Sri Akhilesh Avasthi, Sri Janki Sharan Pandey and Sri Uma Shanker Srivastava as Members will be considered as the duly constituted Elders Members of the Central Bar Association. In case any Members of such Committee expresses his unwillingness to continue, then the senior most Members of the Central Bar Association registered as such with the Bar Council of U.P. who are actively practicing in the District and Sessions Court, Lucknow may be requested and be incorporated as Members of the said Five Member Elders Committee.
14. It is clarified that since the Bye-Laws tendered to Five Member Elders' Committee, not more than five members shall act as Members of the Elders Committee.
15. The Elders Committee is expected to get elections of the Central Bar Association conducted in accordance with Bye-laws and the relevant judgment of the Hon'ble Supreme Court in this regard.
16. The Elders Committee shall take the support of other responsible Members of the Central Bar Association for smooth conduct of the elections.
(Manish Kumar,J.) (Mrs. Sangeeta Chandra,J.)
Order Date :- 2.3.2023
Mohit Singh/-
