BIRENDRA SINGH v. BAR COUNCIL OF U.P. PRAYAGRAJ THRU. CHAIRMAN AND ANOTHER
WRIC/8736/2025 · 2025-09-08
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163081 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163081 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8736 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner and Sri Subhash Chandra Pandey, who appears on behalf of opposite party no.1. 2. In view of the order proposed to be passed, issuance of notice to opposite party no.2 is dispensed with. 3. This writ petition has been filed with the following main prayers:-
"1. Issue a writ order or direction in the nature of Certiorari thereby quashing the list of members issued on 26.08.2025 in pursuance of the notification dated 14.08.2025 issued by the opposite party no. 2, as contained in annexure no. 5 to this writ petition. II. Issue a writ, order or direction in nature of mandamus commanding the opposite party no.2 to conduct the election of the Baiswara Adhivakta Association, Lalganj, Raebareli on the basis of final list published on 22.08.2025 or in alternate from the list of members having Certificate of Practice (C.O.P) issued by the Bar Council of Uttar Pradesh, by publishing a fresh list of members of the general body of the society.”
4. A preliminary objection has been raised by Sri Subhash Chandra Pandey, learned counsel appearing for opposite party no.1 regarding maintainability of the writ petition and for a Mandamus to be issued to the Elders Committee, Baiswara Adhivakta Association, Lalganj, Raebareli to conduct the election. He says that any dispute regarding the election of any office bearer can be challenged under Section 25 of the Societies Registration Act, 1860 (for short ‘the Act, 1860”) and the petitioner has approached this Court prematurely. Section 25 of the Act, 1860 relates to Versus Counsel for Petitioner(s) : Jai Pratap Singh, Surya Bhan Singh Counsel for Respondent(s) : Subhash Chandra Pandey Birendra Singh .....Petitioner(s) Bar Council Of U.P. Prayagraj Thru. Chairman And Another .....Respondent(s)
the disputes relating to the election and one of the grounds for challenge of such election is improper acceptance of any vote which is void or on ground of non-compliance with the provisions of any rules of the society. 5. This writ petition is disposed of with a direction to the petitioner to approach the Prescribe Authority under Section 25 of the Act, 1860 after the elections are over.
September 8, 2025 Rao/- WRIC No. 8736 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench