The Allahabad High Court held that a petition challenging the expulsion of members from a Bar Association before an authority not empowered under the Advocates Act, 1961 is not maintainable. The Court was dealing with a matter where certain members sought to challenge their removal from the Ekikrit Bar Association, Kanpur Dehat. Noting that the petitioners had approached the wrong forum, the Court observed that any proceedings initiated pursuant to such an application are void ab initio.
The petitioners, who were members of the General Body of the Ekikrit Bar Association, Kanpur Dehat, were removed from membership by the Bar Association’s executive committee. Aggrieved by their expulsion, they approached the first respondent seeking relief. Acting on their application, the respondent initially constituted a committee which stayed the expulsion order. However, this stay was vacated the very next day by an order, which became the subject of the present writ petition.
The petitioners contended that their removal from the Bar Association was arbitrary and illegal. They argued that the respondent’s subsequent order vacating the stay on their expulsion was unjustified and liable to be quashed.
During the hearing, the Bench specifically asked the counsel for the petitioners under which provision of law their application before the respondent authority was maintainable. The counsel candidly admitted that “there is no provision under the Advocates Act, 1961 which permits such an application”, and thus the remedy invoked was incorrect.
Taking note of this admission, the Court held that the application filed before the respondent was misconceived and legally unsustainable. The bench observed that any proceedings initiated on the basis of a non-maintainable application would be “void and without legal sanctity.”
In light of the above, the High Court set aside the impugned order passed by the respondent authority and dismissed the application of the petitioners as not maintainable. However, the Court granted liberty to the petitioners to pursue an appropriate legal remedy against their expulsion before the competent forum. The writ petition was accordingly dismissed with no order as to costs.
Case Title: Naresh Kumar Mishra And Ors. Vs. Uttar Pradesh State Bar Council And Ors.
Case No.: Writ C No. - 31678 of 2025
Coram: Justice Saral Srivastava, Justice Amitabh Kumar Rai
Advocate for Petitioner: Adv. Akhilesh Kumar Singh
Advocate for Respondent: Adv. Ashok Kumar Tiwari
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