Advocate'S Clerks Association vs The State Of Jharkhand Through The ...
2023 Latest Caselaw 818 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P. (C) No. 5156 of 2021
Advocate's Clerks Association, Jharkhand High Court, Ranchi having
its office in the premises of the High Court of Jharkhand, P.O., P.S.
Doranda & District - Ranchi through its President Dhirendra Chandra
Mandal, aged about 54 years, S/o. Late Lakshman Mandal, R/o Puran
Vihar, P.O. Ashok Nagar, P.S. Argora & District - Ranchi.
                                            ...   ...     ...    Petitioner
                          Versus
1. The State of Jharkhand through the Chief Secretary having its
    office at Project Bhawan, P.O. Dhurwa, P.S. Jagarnathpur &
    District - Ranchi.
2. The Secretary, Department of Law, Government of Jharkhand
    having its office at Project Bhawan, P.O. Dhurwa, P.S.
    Jagarnathpur & District - Ranchi.
3. The Principal secretary, Home, Prison & Disaster Management
    Department, Government of Jharkhand having its office at Project
    Bhawan, P.O. Dhurwa, P.S. Jagarnathpur & District - Ranchi.
4. The Principal Secretary, Finance Department, Government of
    Jharkhand having its office at Project Bhawan, P.O. Dhurwa, P.S.
    Jagarnathpur & District - Ranchi.
5. The Registrar General, Jharkhand High Court, Ranchi having its
    office in the premises of the High Court of Jharkhand, Ranchi,
    P.O., P.S. Doranda & District - Ranchi.
6. The Jharkhand State Bar Council through its Chairman having its
    office at Bungalow No.8, Near Kendriya Vidyalaya, North Office
    Para, P.O., P.S. - Doranda & District - Ranchi.
                                         ...      ...     ...     Respondents
                          ---------

CORAM:                 HON'BLE THE CHIEF JUSTICE
          HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
                          ---------
For the Petitioner:       Mr. Indrajit Sinha, Advocate

For the Respondents: Mr. Ashutosh Anand, A.A.G.-III Mr. Rajendra Krishna, Advocate

---------

Oral Order 05/Dated: 21.02.2023

1) In this writ petition, the Advocate's Clerks Association, Jharkhand

High Court, Ranchi has prayed for the following reliefs:-

(a) To hold and declare section 4 & 12 of the Jharkhand Advocates' Clerks Welfare Fund Act, 2018 (Annexure 4) as notified vide notification no. 07 D/Advocate Clerk's-17/2020-456/J dated 24.04.2020 and Rule 2€ and 2(f) of the Jharkhand Advocate's Clerks Welfare Fund Rules, 2020 as Ultra Vires being arbitrary, unreasonable, unjust and also the impugned section/rules are so

designed that it had made the concerned Act/Rule unworkable and against the interest of the Advocates Clerks.

(b) Upon declaration of the relevant provisions of the Impugned Act/Rule as ultra vires, the Hon'ble Court may be pleased to declare the subsequent actions of the respondents, if any, taken after implementation & execution of the concerned section/rule as bad, illegal and unreasonable.

2) Mr. Indrajit Sinha, learned counsel for the petitioner, submits that

he would not press the prayer with respect to holding and declaring

Section 4 of the Jharkhand Advocates' Clerks Welfare Fund Act,

2018 (hereinafter referred to as 'the Act" for brevity) as ultra vires.

He further submits that he also does not want to press the prayer

with respect to declaring Rule 2(e) and 2(f) of the Jharkhand

Advocate's Clerks Welfare Fund rules, 2020 as ultra vires. Learned

counsel for the petitioner submits that the provision of Section 12

of the Act is unreasonable, unfair and arbitrary and it is further

submitted by him that it is contrary to the direction given by this

Court.

3) For the purpose of better appreciation, we hereby take note of the

exact words used by the legislature in Section 12 of the Act:-

"12. Stamp of Jharkhand Advocates' Clerk Welfare Fund. - (1) There shall be printed or caused to the printed by the Bar Council in such form and in such manner as may be prescribed, stamp inscribed "the Jharkhand Advocates' Clerk Welfare Fund" each of the value of five rupees.

(2) Every Vakalatnama or Memorandum of appearance filed before any Court, authority of tribunal shall affixed with a stamp as specified in sub-section (1) in addition to the Court fee stamps, if any, and stamp to be affixed under any other Acts and no Vakalatnama or Memorandum of appearance shall be valid unless it is so stamped.

Provided that this sub-section shall not apply to any Vakalatnama of Memorandum or appearance filed on behalf of the Central or State Government.

(3) The person or authority receiving Vakalatnama with such stamp shall forthwith effect cancellation of the stamp by punching out the same.

(4) The custody of the stamps printed under this section shall be with the Bar Council and, the supply and sale of stamps shall be in such manner as may be prescribed."

4) The learned counsel for the petitioner taking exception of the use

of expressions "each of the value of five rupees" has submitted that

fixation of five rupees stamp on each case is very low. It is

disproportionate to the money that is being transferred to the

'Advocates' Association' fund under the relevant Act. He would

further submit that in an earlier application being W.P. (PIL) No.

3347 of 2014 as per the judgment dated 10.05.2017 a Coordinate

Bench of this Court has directed that all Vakalatnamas filed in the

High Court will bear a seal of the Advocate's Clerks Association for

which the said Association will charge any amount which will not

be more than Rs.10/- per seal. Interpreting this direction, the

learned Counsel for the petitioner submits that fixing of Rs.5/- is in

the teeth of the order passed by the Division Bench in the

aforesaid judgment.

5) However, we are not inclined to agree with the contention raised by

the leaned counsel for the petitioner, inasmuch as, the direction

given by the Division Bench in the aforesaid Public Interest

Litigation is that the seal shall not be more than Rs.10/-. Any

enactment which is less than ten rupees will be within the scope

and ambit of the order passed by the Division Bench in W.P. (PIL)

No.3347 of 2014. So that part of the contention of the learned

counsel for the petitioner fails.

6) So far as the argument on the point of disproportionate money is

concerned, we are also not inclined to entertain this writ petition on

that count also as it is brought to our notice by the learned A.A.G.

that the seal which is being affixed in the Vakalatnama for

contribution towards welfare of the Advocates i.e. 'Advocate

Welfare Fund' is Rs.15/- only. At this, learned counsel for the

petitioner submits that in every case the petitioner has to deposit a

sum of Rs.100/- in the High Court Bar Association. It is not within

the scheme of the Advocates' Welfare Fund as enacted and

legislated.

7) Charging of Rs.100/- by the Bar Association is an internal

arrangement of Bar Association which is not included in the similar

legislation. Moreover, the interest of the litigants has to be

considered by us as the foremost interest and in that view of the

matter we do not want to overburden the litigants by giving any

direction to increase the contribution to the Advocate's Clerks

Association Welfare Fund, Jharkhand High Court.

8) This writ petition is, thus, without merit and the same is hereby

dismissed.

(S.K. Mishra, C.J.)

(Sujit Narayan Prasad, J.) Manoj/Saket