Madhya Pradesh High Court
Bar Association Sidhi District Sidhi vs State Bar Council Of Madhya Pradesh on 19 June, 2025
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1 WP-18312-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV SACHDEVA,
ACTING CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 19th OF JUNE, 2025
WRIT PETITION No. 18312 of 2025
BAR ASSOCIATION SIDHI
Versus
STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vivek Shukla - Advocate for the petitioner.
Shri Satyam Agrawal - Advocate for the respondent No.1.
Shri Hitendra Gohlani - Advocate for intervenor.
WITH
WRIT PETITION No. 9914 of 2023
BAR ASSOCIATION SIDHI DISTRICT SIDHI
Versus
STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vivek Shukla - Advocate for the petitioner.
Shri Satyam Agrawal - Advocate for the respondent No.1.
Shri Hitendra Gohlani - Advocate for intervenor.
WRIT PETITION No. 13784 of 2025
BAR ASSOCIATION SIDHI DISTRICT SIDHI
Versus
STATE BAR COUNCIL OF MADHYA PRADESH AND OTHERS
Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 20-06-2025
11:27:16
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Appearance:
Shri Vivek Shukla - Advocate for the petitioner.
Shri Satyam Agrawal - Advocate for the respondent No.1.
Shri Hitendra Gohlani - Advocate for intervenor.
ORDER
Per: Sanjeev Sachdeva, Acting Chief Justice
All these petitions raise a legal question with regard to the role of the
State Bar Council in the conduct of the elections by the respective Bar
Associations as also the power of the State Bar Council to appoint adhoc
committee to oversee and conduct the elections.
2. WP No.9914/2023 was filed by the Bar Association, Sidhi
impugning a decision of the State Bar Council dated 24.04.2023 when it had
appointed an adhoc committee for conduct of the State Bar Association for
the period 2023-2025. An interim order was passed on 01.05.2025 staying
the resolution of the State Bar Council and pursuant thereto election was
held. We are informed that terms of the executives appointed for the term
2023-2025 is already over on 12.05.2025.
3. WP No.13784/2025 and WP No.18312/2025 pertain to a similar
resolution passed by the State Bar Council appointing a committee to
conduct the elections for the term 2025-2027. Since Writ Petition
No.9914/2023 was filed in respect of the election to be held for the term
2023-2025 and the election was held pursuant to an interim order and the
term of the committee is already over. We are of the view that nothing
survives in the said petition, the petition is accordingly disposed of leaving
the question of law raised open.
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4. In WP No.13784/2025 Bar Association impugns orders dated
10.04.2025 and 11.04.2025 whereby inter-alia State Bar Council appointed
an appeal committee and appeal committee issued certain directions for
conduct of the election of the Bar Association. By order dated 21.04.2025, a
coordinate bench of this Court stayed the directions issued by the State Bar
Council as well as the appeal committee. The term of the Executive
Committee is over, there is no quarrel with the proposition that elections of
the new committee have to be undertaken. Only question that arises is as to
the powers of the State Bar Council to appoint a committee to oversee
election of the Bar Association. In WP No. 18312/2025, Bar Association
impugns order dated 27.04.2025 of the Appeal Committee whereby certain
directions were issued with regard to the conduct of the election.
5. The other question that arises is factual with regard to an
intervention application filed by a Member of the Bar Association who
contends that the electoral roll has not been correctly prepared and objections
raised by the members to the electoral roll have not been correctly disposed
of.
6. With a view to find out an amicable solution to the issues arising
and to ensure that fair and transparent election of the Bar Association is held,
we directed the erstwhile executive committee of the Bar Association, the
State Bar Council as well as the intervenor to give certain suggestions. The
President and the Secretary of the State Bar Association are personally
present.
7. With the consent of the parties, the petitions are disposed of in the
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following terms :
(i) Orders passed by the State Bar Council and teh
Appeal Committee of the Bar Council dated
10.04.2024, 11.04.2024 and 27.04.2025 appointing an
adhoc committee to oversee the election are set aside
with the consent of the parties including the State Bar
Council.
(ii) The election schedule circulated by the Bar
Association and other notices issued are also set
aside with the consent of the parties.
(iii) Mr. Shailendra Verma, Member of the State Bar
Council of Madhya Pradesh is appointed as a court
observer to oversee the conduct of elections of the Bar
Association.
(iv) The election shall strictly be conducted in
accordance with the judgment of the Supreme Court in
the case of Supreme Court Bar Association Vs. B.D.
Kaushik (2011) 13 SCC 774.
(v) State Bar Council shall provide a fresh list of valid
practicing advocates eligible to vote for the election in
the Bar Association Sidhi District within a period of one
week from today.
(vi) Bar Association shall display an updated list as
per its record taking into account the list furnished by
the State Bar Council. Said list shall be given due
publicity.
(vii) Objections, shall be invited to the list.
Objections, if any shall be disposed of by the election
committee appointed by the Bar Association.
(viii) In case of any dispute with regard to the
objections or their disposal, the same shall be decided
by the court observer appointed herein.
(ix) Thereafter the final list shall be displayed and the
election schedule for the date of polling etc. shall be
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issued by the returning officer. Due publicity shall be
given to the electoral list as well as the schedule of the
election.
(x) Only eligible bonafide voters who have paid their
dues before the cut off date (to be fixed by the election
committee) shall be entitled to cast their vote.
(xi) Election shall be held under the supervision of the
court appointed observer. Court appointed observer
shall also oversee the conduct of election by the
election committee and the returning officer.
(xii) In case of any dispute or objection, the same
shall be referred to the court appointed observer for a
final decision.
8. The entire process including the conduct of election and
declaration of result shall be completed on or before 31.07.2025.
9. The question of law raised is left open.
10. Petitions are disposed of in the above terms.
(SANJEEV SACHDEVA) (VINAY SARAF)
ACTING CHIEF JUSTICE JUDGE
SKM
