The Allahabad High Court has stated that the Chairman of Bar Council of Uttar Pradesh does not have jurisdiction to reconstitute the Elders Committee using the Bye-laws of the Association concerned.
The Division Bench of Allahabad High Court comprising of Justices Sunita Agarwal and Ajay Bhanot while dealing with the writ petition filed by the Meerut Bar Association against re- constitution of its Elders Committee by the Bar Council of UP has held that Elders Committee is a permanent statutory committee and any dispute relating to its constitution can only be raised either before it or the General Body of the Bar Association.
In this matter the membership of two member namely Sri Laxmi Chand Tyagi, Advocate and Sri Gopal Krishna Chaturvedi, Advocate was objected because they were not in active practice and as such they could not be nominated as members of the Elders Committee under Clause-8 of the approved Bye-laws of the Association and the name of one more member Sri Braham Pal Singh has also been removed as a member of the Elders Committee though there is no discussion in this regard in the order impugned.
Considering the above facts the Allahabad High Court has held that, “the Elders Committee being a statutory permanent body constituted under the Byelaws could not have been replaced by the Chairman of the Bar Council of Uttar Pradesh on its own. The order impugned does not record that any notice was issued to the members of Elders Committee who have been replaced, though the Bar Council of India was bereft of power to do so.”
Case Details:
Case: - WRIT - C No. - 13067 of 2020
Petitioner: - Meerut Bar Association and Another
Respondent: - Bar Council of Uttar Pradesh and 4 Others
Counsel for Petitioner: - Vivek Saran, Anoop Trivedi (Senior Adv.)
Counsel for Respondent: - C.S.C., Swetashwa Agarwal
Quorum: Justices Sunita Agarwal and Ajay Bhanot
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