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2025 DAILYLAW 170855 (ALL)

MANISH KUMAR AND ANOTHER v. BAR COUNCIL OF U.P. THRU. CHAIRMAN PRAYAGRAJ AND 12 OTHERS

WRIC/11321/2024 · 2025-03-24

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17540-DB Court No. - 2 Case :- WRIT - C No. - 11321 of 2024 Petitioner :- Manish Kumar And Another Respondent :- Bar Council Of U.P. Thru. Chairman Prayagraj And 12 Others Counsel for Petitioner :- Girdhari Lal Yadav Counsel for Respondent :- Subhash Chandra Pandey,Abhiuday Pratap Singh,C.S.C.,Gaurav Mehrotra,Hari Govind Singh Parihar (H.G.S. Parihar),Indra Mani Pandey Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard G.L. Yadav, learned counsel for the petitioners, Sri Subhash Chandra Pandwey, learned counsel for the opp. party No. 2, Sri I.M. Pandey, learned counsel for opp. party Nos. 4 and 5 and Sri Gaurav Mehrotra, learned counsel for the High Court and District Judge, Lucknow. 2. The opp. party Nos. 4 and 5 are Members of the Elders Committee constituted by the Governing Body of the Central Bar Association under the earlier orders of this court for conducting the elections for the year 2023-24. The said elections have already taken place, however, the elections for the next year have not been held. The last elections were held on 24.11.2023. The outgoing Governing Body of the Central Bar Association completed its tenure on 29.11.2024, but, as alleged by the petitioners, it did not hand over charge of office to the Elder Committee. 3. Learned counsel for the opp. party Nos. 4 and 5 says that when his clients went to take over charge, the outgoing office bearers manhandled them and entered into an altercation on account of which the elections could not be held for the subsequent years ever since 29.11.2024. 4. An application for impleadment has been filed on behalf of some Elders Committee constituted by the outgoing Executive Committee, though Sri Abhiuday Pratap Singh, Advocate. 5. Learned counsel for the petitioners says that the outgoing Executive Committee has no authority to constitute such committee, therefore, this is also an issue, however, after arguing the matter at some length Sri Abhiuday Pratap Singh, Advocate submitted that his clients will have no objection, if the Court itself constitutes a fresh Elders Committee for taking over charge and managing the affairs of the Central Bar Association as also conducting the elections till the newly elected executive committee/governing body takes over charge. Counsel for the petitioners and other opp. parties also expressed their consent in this regard. 6. After deliberating and hearing the parties' counsel, we constitute the Elders' Committee as under: (1) Sri Parmanand Srivastava, Advocate, Registration No. 2386/80 (2) Sri Uma Shanker Srivastava, Registration No. 125/88 (3) Sri Ram Kumar Yadav, Registration No. 721/89 (4) Sri Manoj Kumar Mishra, Registration No. 5335/84 (5) Sri Anil Kumar Mishra, Registration No. 03705/90 7. Sri Parmanand Srivastava, being Seniormost amongst the aforesaid, will act as Chairman of the Elders' Committee. 8. In constituting the Elders' Committee we have taken into consideration the fact that out of the list of Senior Members many are very old and one of the requirements is that they should also be in active practice. 9. In the event any of the aforesaid Members is unable to be part of the Elders' Committee and opts out at any stage the other Members can opt a substitute in his place but one who is suited for the task. 10. We further direct the Elders' Committee to take over charge, as aforesaid, and hold the elections for the Central Bar Associations within 1 month from the date of receipt of a certified copy of this order, as it is informed that all the formalities are already complete. 11. It is further needless to say that 'Certificate of Practice' in place of 'Practice (Verification) Rules 2020' and Principle of 'One Vote-One Bar Association' shall be adhered strictly. 12. In the meantime, the Elders Committee shall manage the affairs of the Central Bar Association, Lucknow and perform all duties, which would otherwise be performed by an elected Managing Committee. 13. As and when such election is to be held, the District Judge, Lucknow shall make a request to the Commissioner of Police, Lucknow for making adequate security arrangements for ensuring free and fair elections to the Managing Committee/ Governing body of the Central Bar Association, Lucknow and the Commissioner of Police, Lucknow shall provide adequate security and make such arrangements promptly and effectively. 14. If the Elders Committee finds any difficulty in proceeding with the elections, it shall be open for it to move an application (without affidavit) in these very proceedings and if any such application is filed, the same shall be listed before the Court on the third working day. 15. We have passed this order considering the fact that the Central Bar Association, Lucknow is a Court annexed Bar and in exceptional circumstances, we do entertain such petitions so as to ensure fair and proper elections to its Managing Committee as ultimately in the absence of fair and proper elections, the functioning of the Courts concerned and dispensation of justice can also get affected on account of unrest amongst the members of Bar Associations, concerned. 16. Sri Gaurav Mehrotra, learned counsel for the District Judge is directed to communicate this order to her for compliance. 17. The writ petition is disposed of in the above terms. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 24.3.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench