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Neutral Citation No. - 2025:AHC:39387-DB Court No. - 29 Case :- WRIT - C No. - 5936 of 2025 Petitioner :- Hari Bishal Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shatrughan Sonwal,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- C.S.C.,Vineet Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
1. Heard Mr. R.K. Ojha, learned Senior Advocate assisted by Mr. Shivendu Ojha, learned counsel for the petitioner, Mr. H.N. Singh, learned Senior Advocate assisted by Mr. Vineet Kumar Singh, learned counsel for respondent nos. 4 and 5, Mr. Ashok Kumar Tiwari, learned counsel for U.P. Bar Council and the learned Standing Counsel for the State-respondents. 2. Admittedly, the term of the previous election of District Bar Association, Gorakhpur has expired. In terms of the bye-laws, Elders' Committee is to take over charge and conduct fresh elections within one month. 3. In view of the admitted scenario that the term of the outgoing committee has expired, we passed following order on 11th March, 2025:
"In the facts of the case, we call upon Shri Ashok Kumar Tiwari, appearing for the U.P. Bar Council to obtain instructions from the Elders Committee as to by when elections are proposed to be held to elect the office bearers of Bar Association, Gorakhpur. This is so as the term of previous election has already come to an end. Put up as fresh once again on 19.03.2025, showing the name of Shri Ashok Kumar Tiwari, as counsel for the respondent."
4. Mr. Ashok Kumar Tiwari, learned counsel for the respondent-U.P. Bar Council, on the basis of instructions obtained from the Chairman of the Elders' Committee, namely, Shri Radhey Shyam, states that the outgoing committee has not handed over the charge to the Elders' Committee so far. This fact is disputed by Mr. H.N. Singh, learned Senior Advocate, who represents the outgoing committee. 5. From the materials placed on record, it remains undisputed that the term of the outgoing committee has expired. Learned
counsel for the parties are at consensus on the need to hold fresh election at the earliest possible. 6. In order to facilitate such election, we direct the outgoing committee to hand over the charge and furnish all records and materials, which are in its safe custody to the Elders' Committee within a week from today.
The Elders' Committee shall ensure holding of fresh elections to constitute the office bearers of the District Bar Association within a further period of one month thereafter. 7. It goes without saying that the process of election shall be adhered as per the bye-laws. 8. The present writ petition is, accordingly, disposed of. (Donadi Ramesh, J.) (Ashwani Kumar Mishra, J.) Order Date :- 19.3.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad