Thursday, February 2, 2023

Allahabad High Court restricts bar council chairman from dissolving Elders Committee

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New Delhi (ILNS): In a first of its kind, the Allahabad High Court has said that the chairman of the Bar Council of Uttar Pradesh has no right to dissolve the Elders Committee of Lawyers Association or to form a new committee. The council’s role is limited to approving the bylaws of the lawyers’ union and deciding the senior disputes of seniority of lawyers, etc. However, he cannot give orders like making an Elder Committee on elections. 

The decision was given by a bench of Justices Sunita Aggarwal and Ajay Bhanot, while hearing the petition.

The writ petition was filed by the Meerut Bar Association and others.

Senior Advocates Anoop Trivedi and Vivek Saran represented the petitioners in the court. The petition says that the Bar Council chairman, on the basis of a complaint, expelled two members of the Elder Committee. Laxmi Chand Tyagi and Gopal Krishna Chaturvedi were removed on the grounds that they were not in regular practice and were not coming to District Court, Meerut regularly. Whereas, another member Brahmapal Singh was removed from the Elder Committee, without assigning any reason.

By the order impugned, the newly constituted Elders Committee was directed to initiate the process of elections of the association and to inform the Bar Council of Uttar Pradesh on conclusion of the elections at the earliest.

Steps taken by newly constituted Elder Committee towards holding of elections of the association including its resolution dated July 15, August 5 and August 20, are without jurisdiction and thus illegal, said the court.

There was a demand for cancellation of the order of the chairman. After considering the issue, the court said that the chairman does not have the right to interfere in the work of the Elder Committee nor has the right to dissolve the committee and form a new committee.

Read Also: Allahabad High Court orders Muslim father to release daughter who has married a Hindu

The court, while terming the Elder Committee constituted by the Bar Council Chairman as incompetent to conduct the election of the Advocates association and to interfere in other functions. Thereby, the court has ordered the Elder Committee constituted on May 14, 2019 to take decisions related to elections. If there is any dispute regarding the election, it should be settled under the provisions of the Society Registration Act, the court further added.

The former Committee of Meerut Bar, justifying the decision taken in connection with the election a month before the end of its term, observed that there is no illegality in it.

-India Legal Bureau

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