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2025 DAILYLAW 22417 (ALL)

DISTRICT BAR ASSOCIATION AND ANOTHER v. BAR COUNCIL OF INDIA AND 2 OTHERS

WRIC/5943/2025 · 2025-03-20

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41974-DB Court No. - 29 Case :- WRIT - C No. - 5943 of 2025 Petitioner :- District Bar Association And Another Respondent :- Bar Council Of India And 2 Others Counsel for Petitioner :- Abhinav Gaur,Vibhu Rai Counsel for Respondent :- C.S.C.,Rohan Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard Shri Anoop Trivedi, learned Senior Counsel for the petitioner, Shri R.K. Ojha, learned Senior Counsel and Shri Sharda Prasad Mishra for respondent No.3, Shri Ashok Kumar Tiwari, learned counsel for the Bar Council of U.P. and learned Standing Counsel for respondent no.2. This petition relates to dispute of election of officer bearers of District Bar Association, Bulandshahar. Two separate elections are claimed by the rival factions. The petitioner claim that their election was held on 16.12.2024 whereas the respondents claim that their election was held on 18.12.2024. Both the factions claim to have conducted the election under the directions of the State Bar Council and Bar Council of India, respectively. The Bar Council of India which had earlier taken a decision in favour of the petitioner has subsequently suspended its order and contradictory orders on record exists. It clearly indicates a situation of chaos in which multiple elections are being claimed by the parties. Learned Counsel for the petitioner and learned counsel for the private-respondent no.3 have fairly come out with an amicable solution by which the entire dispute could be resolved. The parties are in agreement that a fresh election may be conducted so that issue could be finally resolved. The parties have agreed that a Elder's Committee be appointed. Five names are jointly suggested by the counsel for the parties namely Rampal Singh, Ramdas Sharma, Jagdish Prasad Sharma, Gajraj Singh Verma and Mhaveer Prasad Mittal. The list of these five members is signed by both the sides and is taken on record. In view of the consent of the parties we provide that the charge of the Bar Association, Bulandshahr alongwith entire records would be delivered to the Elder's Committee consisting of the above members within a week from today. The Elder's Committee shall then proceed to conduct fresh elections after getting the electoral college settled in accordance with the provisions of the bye laws. Such election would be held within a period of one month. The date of holding of the election would be intimated by the Elder's Committee to the District Magistrate and the SSP, Bulandshahar. The district administration would ensure that proper police security arrangements are made on the date of election so that a smooth election is held to elect the officer bearers. The security arrangement will also continue during the counting of votes. We expect the members of the Bar Association to behave in orderly fashion and remain true to the profession which is known as noble profession and not indulge in any undesirable activities. The parties also to undertake that all proceedings initiated by them against each other would be withdrawn so that all acrimony between the parties come to an end. We permit the parties to approach the concerned SSP with such request and it goes without saying that the concerned SSP would do the needful. Order Date :- 21.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad