Madhya Pradesh High Court
Rajendra Prasad Gupta vs The State Bar Counsel Of Madhya Pradesh on 6 May, 2024
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 6 th OF MAY, 2024
WRIT PETITION No. 12142 of 2024
BETWEEN:-
RAJENDRA PRASAD GUPTA S/O SHRI RAM KRISHNA
GUPTA, AGED ABOUT 40 YEARS, OCCUPATION:
ADVOCATE NARMADA NAGAR SANSKAR PARISHAR
GOHALPUR JABALPUR DISTRICT JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(PARTY-IN-PERSON)
AND
1. THE STATE BAR COUNCIL OF MADHYA PRADESH
THROUGH ITS SECRETARY HIGH COURT
PARISHAR DISTRICT JABALPUR (M.P.)
2. THE MADHYA PRADESH HIGH COURT BAR
ASSOCIATION, THROUGH AUTHORIZED
SIGN ATORY PRESIDENT, JABALPUR DISTRICT
JABALPUR (M.P.)
3. THE CHIEF ELECTION OFFICER, MP HIGH COURT
BAR ASSOCIATION JABALPUR DISTRICT
JABALPUR (M.P.)
.....RESPONDENTS
(SHRI SATYAM AGRAWAL - ADVOCATE FOR RESPONDENT NO.1
AND SHRI DURGESH THAPA - ADVOCATE FOR INTERVENOR)
T h is petition coming on for orders this day, Hon'ble Shri Justice
Vishal Mishra passed the following:
ORDER
The present petition has been filed seeking the following reliefs:-
"7.1 Issue a Writ in the nature of mandamus directing the
respondent no.1 consider the complaint of the petitioner dated
01.05.2024 (Annexure- p-2) and scrutinized the voter-list and
direct to respondent no.3 to conduct the election as per the
scrutinized list as per Schedule given by respondent no.3.
7.2 Issue a Writ in the nature of mandamus direction to the
respondent no.1 to scrutinize the voter-list in a time bound
period to conduct the election of the association because the
petitioner is not against the election but only desire of the
petitioner is that the election should be just and fair.
7.3 That, this Hon'ble Court may kindly be pleased to grant any
other relief as deemed fit and proper in the circumstances of this
case."
2. The contention of the petitioner is that there are certain errors in the voters
list which require to be corrected and hence interference is called for in the
election of M.P. High Court Bar Association, Jabalpur.
3. It is to be noted that this is a second round of litigation. In the first round,
Writ Petition No.9114 of 2022 filed by the petitioner was dismissed by the
Division Bench of this Court by an order dated 21.04.2022 in the following
terms :
"However, on hearing learned counsels, we do not find any ground
to interfere in this petition. The calender of events has been
announced on 5.4.2022. Catena of judgments of the Hon'ble
Supreme Court would indicate that once the calender of events has
been announced, the court should refrain from interfering in the
election process. If at all there are grounds available, the
aggrieved can always challenge the same before the Election
Tribunal after the results are announced. Hence, we do not find any
ground to interfere in the matter."
4. In view thereof, we do not find any merit in the present petition. The
petitioner is having a remedy of filing an election petition after the results are
announced. Hence, no relief can be extended.
5. The petition sa n s merit and is accordingly dismissed. No order as to
costs.
6. As an obvious consequence, I.A. No.6291 of 2024 an application for
intervention is dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
VV
