DISTRICT BAR ASSOCIATION v. STATE OF U.P. AND 4 OTHERS
WRIC/5291/2025 · 2025-03-02
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21772 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21772 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:29915 Court No. - 32 Case :- WRIT - C No. - 5291 of 2025 Petitioner :- District Bar Association Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shantanu,Vikram Singh Shrivastava Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J.
Order on Order Sheet
Learned counsel for the petitioner is permitted to implead Ram Chandra Dixit, S/o Ram Pratap Dixit, as respondent no.6 in the array of parties during the course of the day.
Order on Writ Petition
1. Heard Sri Shantanu, learned counsel for the petitioner and learned Standing Counsel.
2. The petitioner by means of the present writ petition has prayed for the following relief:-
" A. Issue a writ, order or direction in the nature of Certiorari to quash the impugned Notice dated 11.02.2025 issued by the Chairman, Elders Committee, District Bar Association, Jhansi. B. Issue a writ, order or direction in the nature of Certiorari to quash the Notice dated 09.02.2025 and order dated 08.02.2025 passed by the Chairman Bar Council of Uttar Pradesh. C. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case "
3. It appears that one Ramchandra Dixit and others preferred Writ- C No.27901 of 2024 before this Court seeking a direction to the respondents to conduct the elections of District Bar Association, Jhansi, with a further direction upon the respondent no.5 to hand
over the charge of the Bar Association to respondent no.6.
4. This Court on 10.09.2024 in the said writ petition passed the following order:-
"1. Heard learned counsel appearing for the parties.
2. Petitioner, through this writ petition, is seeking a writ in the nature of mandamus commanding Respondents No. 2 and 3 to conduct the elections of the District Bar Association, Jhansi and is seeking further direction upon the Respondent No. 5 to hand over the charge of the Bar Association to Respondent No. 6.
3. Upon hearing learned counsel appearing for the parties, we are of the view that since the term of the previous elected body expired in the month of May, 2024, it is imperative that elections be held.
4. Accordingly, we direct Respondent No. 5 to immediately hand over the charge of the Bar Association to Respondent No. 6, who shall initiate the proceedings of the elections within a period of 15 days. The entire process of elections should be completed within a period of two months from the date of presentation of certified copy of this order before the authority concerned.
5. With the above directions/ observations, this writ petition is finally
disposed of."
5. Pursuant to the order dated 10.09.2024 passed by the Division Bench of this Court, notice has been issued to the petitioner to handover the charge.
6. According to the petitioner, the election of the petitioner was held in the year 2023 and the petitioner was elected and was handed over the charge on 30.05.2023.
7. As per the petitioner's case, the Amended Rule of Memorandum of Model Constitution of District Bar Association, Jhansi U.P., and as per Amended Rule-18 of Memorandum/Bye-Laws amendment provides the term of office bearer two years, therefore, the petitioner's term is up to 30.05.2025.
8. It is contended that concealing the said fact, the newly added
respondent no.6 has filed the Writ-C No.27901 of 2024 and obtained a direction by this Court.
9. Be that as it may, there is an order passed by the Division Bench of this Court dated 10.09.2024, and in pursuant to the said order, notice has been issued to the petitioner. However, in the present case, it transpires from the record that the newly added respondent no.6 had obtained the order dated 10.09.2024 from a Division Bench of this Court by concealing the material facts that the term of the petitioner is up to 30.05.2025.
10. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a recall application in Writ-C No.27901 of 2024 to recall the order dated 10.09.2024.
11. Till the term of the election of petitioner i.e. upto 30.05.2025 or the recall application of the petitioner is decided, whichever is earlier, the notices impugned in the present writ petition shall not be given effect to.
Order Date :- 3.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad